The two flight attendants who sued American Airlines alleging they were sexually harassed by male colleagues on Facebook, are appealing the lawsuit after a judge dismissed their case.
Melissa Chinery, who previously had her base in Philadelphia, and Laura Medlin, based in Charlotte, will file an appeal in the Court of Appeals for the Third Circuit in a week, they announced on Tuesday.
The woman filed her lawsuit in March 2017 in the Federal District Court of Philadelphia accusing her co-workers of sexual and gender harassment for calling them "prostitute". and & # 39; sow & # 39; in a Facebook Group for American hostesses.
The women say that four to five male flight attendants based in Philadelphia were behind insults and insults online.
American Airlines flight attendants, Laura Medlin, of Charlotte, (left) and Melissa Chinery, of Philadelphia, (right) sued American Airlines in March 2017, alleging that they were sexually harassed by male colleagues who published in a group of Facebook
A judge dismissed his case on August 27. The women announced that they will file an appeal next week.
& # 39; American Airlines is [generally] proactive in disciplining employees who do things that have a negative impact on the airline, but they are trying to enforce social networks [policy] for his employees, "said his lawyer Faye Riva Cohen, according to Forbes.
I'm sorry [American] has no interest in social networking policy. They just hang it out there, "he added.
The women argue that the court did not consider social networks as a modern work environment where employees interact with each other.
& # 39; People are being mistreated [and] there should be repercussions when that happens, "Cohen said.
In the women's lawsuit, Medlin said they harassed her and called her "sow", while Chinery was called "flapper", which is synonymous with prostitution.
They say they were harassed because of their union activities in support of a leader who was opposed by their stalkers, according to the Charlotte Observer.
The Judge of the Federal District Court Eduardo Robreno dismissed his consolidated cases on August 27.
Speaking about the case of Chinery, Robreno ruled that the comments did not qualify as sexual harassment.
"Objectively seeing all the behavior complaining, even the one that does not seem to be related to gender and instead seems to be related to Chinery's position on union issues, the behavior does not amount to severe or widespread sexual harassment," he said.
Four men allegedly insulted the women, posted a photograph of a broken record and said that Chinery did not present a good appearance to passengers [and] allegedly posting an image of a dazed vagina & # 39;
After a judge dismissed his case saying that Facebook posts did not interfere with women's work performance, Chinery took Facebook to air with this image that says "Making Flight Attendants Sick" .
Medlin published a long statement saying that his complaints about Facebook's behavior were never investigated by the Human Resources Department of American Airlines.
"The court concludes that the complaining conduct was not so objectively severe or widespread as to irrationally interfere with an employee's work performance," Robreno wrote.
In the case of Medlin, she alleged that she was sexually harassed on Facebook between 2012 and 2015, where she was called "sow" and "bad girl".
"While there are several serious questions raised by Medlin's claims, which include whether the alleged harassment on Facebook was due to their gender rather than their views regarding the unions and whether it actually occurred in a work environment, it is clear that alleged cases of harassment were not severe enough or penetrating enough to establish the responsibility of American, "Robreno ruled.
But women say that the American did not enforce their social media policies by not acting on online insults.
"American prides itself on fostering a work environment in which all team members are respected." When American receives reports of alleged harassment in the workplace, those complaints are investigated and appropriate action taken, said the US spokesman. Matt Miller at DailyMail.com.
After the dismissal of the case, the women took Facebook to vent.
Citing the statement of spokesperson Matt Miller, Medlin wrote on Facebook: "Except they were NOT investigated. It is the "appropriate action" to ignore the complaints of FOUR WOMEN to HR and to the management about the harassment, because THAT is what happened. Dan Cleverly, human resources specialist, UNDER OATH, admitted that he did NOT SPEAK ANYTHING in his deposition.