AND FIGHTING BACK
Petitt v Delta CASE NO. 2025-AIR-00035
On September 2, 2025 Delta filed a motion to dismiss. Delta’s legal argument is simple. Delta believes that they can retaliate against an employee who had filed an AIR21 Complaint with impunity after that employee is no longer at the airline. Meaning they have the right, under the statue, to follow me into retirement and threaten, blacklist, and discriminate against me because I am no longer under their employment, without any punishment or consequences.
Read: Delta’s Motion to Dismiss
On September 30, 2025 I filed my response. To break down my legal argument, I believe that the intent of the law, of which uses the language of “former employee”, “blacklisting” and “Otherwise discriminate” says they do not have that right. The law protects former employees and prohibits retaliation against anyone who has filed, is about to file, or testifies in an AIR21 case. The intent of the statute is to protect employees who come forward with safety concerns.
Read: Petitt’s Opposition to Delta’s Motion to Dismiss
Status
- We have no judge assigned,
- Delta refused to provide any discovery in violation of the court order,
- Petitt filed a motion to compel discovery (awaiting ruling)
- Delta filed a motion to dismiss,
- Petitt filed an opposition to Delta’s Motion to Dismiss.
- Delta has ten days from filing to reply. (October 10, 2025).
Standby as the drama continues.
If you knew that your airline, or company, had the legal right to blacklist, threaten and discriminate against you, after you left the company, for as long as they want, without any accountability, would you ever report your safety concerns?
4 Comments
Morning K,
In a similar scenario ie have a strikeout motion against Aer Lingus listed for hearing on 3 Oct, due failure to comply with court ordered discovery in a PI case post a toxic fumes exposure and loss of Atpl. Same tactics and weaknesses in the legal systems evident on both sides of the Pond. Keep the faith 🫡🙏🫵
Keeping the faith! Good luck. I think this legal system was made by those who profit greatly and can control it, justice be damned. That might not be the human who was harmed. However, there are good people in the world and that’s where we keep the faith!!
Karlene, It really is intolerable of Delta to carry on their vendetta against you into your retirement! Not only is it bullying against you of the very worst kind, but it will be sending powerful negative signals to all Delta pilots, as well as to those of other airlines. Signals that shout at Delta pilots and other staff, “Do Not Report!” “And whatever you do, do not think of sending us a sincere, well-evidenced, well-thought out, well written paper on safety-issues; we don’t want such documents! We’d rather stay ignorant! And if you do report anything and do submit papers on safety issues, be assured, regardless of AIR21, we will pursue you, even if you beat us in court fairly and squarely, and will not stop even when you’re retired with a great reputation for integrity, resilience, and championing safety!” It seems to be that AIR21 needs a lot of beefing-up, with many new clauses added to protect the retired, and no doubt many others who remain unprotected by the current act. Keep Up The Great Work! Ken
Ken, Thank you for the comment, insight, and words of encouragement. They mean a great deal. Someone told me today that it not only takes courage of those to speak out, but the courage of leadership to listen to, and do the right thing. As I edit the memoir, I realized how many people were involved whom lacked the courage to follow the right direction, passenger safety be damned. I hope we can survive this motion and ensure the AIR21 statute does what it is supposed to do. Protect those who speak out on safety.