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Not so good for AirTran - Milwaukee Journal-Sentinel

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MSNFlier

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Nov 26, 2001
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Bice is one of their best reporters, he and his partner have won a number of awards for breaking big stories over the years at the Journal-Sentinel - mostly political scandals, etc.

Suits depict hostile AirTran workplace


Posted: April 28, 2007

BICE_COLUMN-100.jpg

[FONT=verdana, arial, helvetica]Daniel Bice
[/FONT] [FONT=verdana, arial, helvetica]No Quarter[/FONT][FONT=verdana, arial, helvetica]

[/FONT] At AirTran Airways, the message is simple: "Go. There's nothing stopping you."

But the slogan takes on an entirely new meaning in light of charges by five former employees that company officials failed to put the brakes on widespread sexual harassment and sexual and racial discrimination at its Milwaukee station. Consider just a few of the accusations:

A supervisor slipped on a white hood and told black workers that he was with the Ku Klux Klan.

The same supervisor kicked a female employee, after she refused his advances, so often and so hard with his steel-toed shoes that she suffered rectal bleeding.

At least two female employees were assaulted by a male colleague who grabbed them from behind and then simulated having sex with them.
Male workers weren't punished after they had sex with federal airport employees - one in the boss' office - while on the clock.

Porn was routinely left on office computers. Workers passed around pictures of nude women, including ones of female workers. The men in the office openly discussed their sexual exploits while hitting on the women and asking to take pictures of their breasts.

The female manager did little or nothing in response. And several of the complaining women were laid off or passed over for plum jobs.

Welcome to AirTran's office at Mitchell International Airport, according to the five federal lawsuits filed since March 2006. The cases could go to trial this fall.

The Florida carrier is attempting a hostile takeover of Milwaukee-based Midwest Airlines, offering $9 in cash and 0.5842 share of AirTran stock for each share in Midwest. Executives with Midwest are urging shareholders, who meet in Virginia next month, to reject the latest proposal from AirTran.
The five federal lawsuits portray a small airport office - it has only 31 employees - that permitted shocking incidents of abuse, harassment and discrimination.

Quite a contrast to the wholesome image that Midwest Air tries to present with its friendly flight attendants and chocolate chip cookies.

Janet Heins, the lawyer handling four of the lawsuits, was generally tight-lipped about the complaints last week, except to say the sides have finished gathering evidence and conducting interviews with witnesses.
"I feel like we do have the information we need to go forward," the Mequon employment attorney said. "The complaints pretty much speak for themselves."

The state Equal Rights Division found probable cause in the cases of two former AirTran workers - Susan Henneman and Tami Ott - that AirTran had discriminated against the women, permitted sexual harassment to occur and retaliated against the two after they raised objections. Tricia Knight, the lawyer with the fifth lawsuit, said Friday that she and Heins took the cases to federal court because retirements and illnesses had slowed the state review.

AirTran spokesman Tad Hutcheson was clearly not prepared to discuss the suits last week.

Asked whether the five women fabricated the charges, misinterpreted the various incidents or were the victims of widespread abuse, Hutcheson said, "Um, let me ask - if I can put you on hold for a second - let me ask . . . "

Several minutes later, Hutcheson returned to say that he wouldn't talk about the specific accusations or even the general points made in the cases.

He did point out that since 2000, the company has been the subject of fewer than 20 complaints to the U.S. Equal Employment Opportunity Commission a year. The five civil suits, he added, represented the first time the 8,000-employee carrier has been taken to court over a harassment or discrimination claim in at least seven years.

"We're breaking new ground here," Hutcheson said.

Heins countered, "So what?"

All five suits paint a similar picture: Office workers and supervisors who went surfing for porn on computers at the ticket counter; male workers who bragged about specific sexual and sometimes violent acts; female workers who were laid off, treated unfairly or told they would be skipped over for plum assignments if they spoke out; and a manager who permitted all of this.

But several of the suits contain charges of graphic sexual harassment. All five women have left their jobs as customer service agents with AirTran. The Milwaukee office has one office manager, three supervisors and more than two dozen customer service agents.

Laurie Dalton of Greenfield claims that two male colleagues had a bet as to which of them would be the first to sleep with either her or her daughter, Victoria Jensen, who also worked there. After Dalton repeatedly rejected their overtures, the lawsuit says, one of the guys grabbed her by her ponytail in February 2003, "forcibly bent her over the airport counter, lifted up her jacket," simulated sex and then smacked her.

When she complained about the assault and all the explicit remarks, her manager replied, "James says this kind of thing to me all the time," the federal complaint says. AirTran has denied the allegation.

In her suit, Henneman reports a similar assault by the same male co-worker. Her complaint also went nowhere:

"Plaintiff's only communication with (AirTran) in response to her report. . . was a letter from Amy Morris at the corporate office telling her that no investigation would be conducted because the complaint had 'leaked' " to the male worker. Again, AirTran disputes this charge.

Jensen said in her federal complaint that she saw two male co-workers take a couple of female airport staffers to the bathroom and the manager's office for sex while on duty. The next day, Jensen complained to the manager.

"(Her) only actions," the complaint says, "were to change the locks on her office door and to post a sign on her office door saying that only supervisors and managers were allowed in the office."

Probably the strongest and most disturbing allegations come from Latrina Cain, a black Milwaukee resident who worked for AirTran for less than a year beginning in July 2003.

Her immediate supervisor, the suit says, made frequent remarks about Cain's breasts, even going so far as to ask whether he could take pictures of them. Several times, he grabbed her breasts and made sexually suggestive remarks, it says.

But when she rebuffed his numerous advances, the complaint says, he repeatedly "kicked her hard in her buttocks with his steel toed boots." After one such episode, Cain said, she sought medical treatment because she was bleeding from the rectum.

In October 2003, the supervisor began saying and doing racist things; among several incidents, Cain cited a time when she was with another black worker and at least one white staffer. The supervisor "placed something white on his head," her complaint says. "He then told Plaintiff and the other employees that he was a member of the KKK.

"No one. . . thought his conduct was funny."

Hutcheson, the AirTran spokesman, said the supervisor and manager voluntarily resigned from the company. He is not sure where the two are living now.

No Quarter did not name the supervisors and the men accused because neither they nor their attorneys could be reached to get their side of the story.

As for the upcoming vote on AirTran's takeover offer, Hutcheson said he hopes Midwest shareholders don't take the news about the harassment and discrimination claims into consideration. He called the lawsuits "individual personnel issues."

"It's unfortunate we had this issue," Hutcheson said. "But we'll let the judicial process work."

Daniel Bice can be contacted by phone at (414) 223-5468 or by e-mail at [email protected].
 
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no....and yes...

If at least a couple of the cases are on the docket for trial this fall they were likely filed at least a year or more ago. But you also have to keep in mind that there's a bit of a different process for these kinds of cases than your average suit.

In a nutshell, you have to go through an additional step prior to filing a sexual harassment or discrimination complaint. First stop is either the federal EEOC or the state's Equal Rights Division. This initial process can often take a year or more. Then you file in either federal or state court and go through the discovery process in preparation for trial. Against a company with, relative to the plaintiffs, limitless cash to defend the case there may well be what are called interlocutory appeals, i.e., appealing a trial court decision on an issue which must be resolved before the trial itself, if any, can finally be held.

Anyway, the point of posting the article wasn't to say that any of the claims are valid - they may or may not be - but to inform. Someone at Air Tran totally dropped the ball here in managing possible PR nightmares.

Here's how this may play out. Milwaukee is really a big, small town and the local news shows will lead with this story as it develops for two or three days, at least, which will additionally galvanize opposition to Air Tran. Certainly, the mayor and the county executive will have to "run" from the deal. All of a sudden, no one cares about Air Tran's promises of more jobs and flights, etc.

Further, this news will make any local investment houses who were planning to tender their shares think twice. Do you want your investment house to be attacked as being for sexual harassment and assault? Even Octavian in NYC might have to reconsider. Fair or not, that's exactly the story their competitors will try to push. Business is war, but perception is reality.

We shall see...
 
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these guys may have won awards, but relating local dirty laundry on a micro scale and suggesting there is a link or systemic problem on a macro scale is ludicrous.

simply put, it is crap reporting
 
This happen in 2003 and its now getting filed
Isn't that usually the first remark made by someone who had done this kind of thing? Let's discrace the victim who could be scared to death to say anything.

When she complained about the assault and all the explicit remarks, her manager replied, "James says this kind of thing to me all the time," the federal complaint says
Then this goes along with it. Just because your not a pervert doesnt' mean we have to be squeeky clean like you. It's a slippery slope.
 
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these guys may have won awards, but relating local dirty laundry on a micro scale and suggesting there is a link or systemic problem on a macro scale is ludicrous.

simply put, it is crap reporting

Well I half heartedly agree with you. This smells of political reporting. The sad thing is that this would have gone unnoticed.
 
If these allegations are true, it is shameful, to be sure . . . . but it is certainly an isolated incident, and not indicative of any sort of AirTran corporate policies . . . . the timing of this story positively reeks!

As far as I can tell, the only rectal bleeding encouraged by the Company is during contract negotiations . . . . ouch!


.
 
Give me a break. Let me guess, Midwest has never had any difficult work situations in its entire history - it is corporate utopia... Yeah, whatever... AirTran is like any other big corporation - it has its warts. This is classic scare mongering. Bravo to the Milwaukee writer for attempting to thwart a merger that actually makes a lot of sense...
 
Sounds like a desperate one last attempt to take a shot at Airtran. Weak. They surely could of least come up with a murder conspiracy or something more interesting.
 
Like many have said, it's total crap. It's also prejudicial. I really can't believe Baghdad Carol is behind this, but I do. Every time something is negative to Midwest in the paper, there's always some kind of 'We're the best and we love to be the best care' crap that shows up a day later. And the people of this city eat it up. They don't think anything bad has ever happened here. The only reason so many people from here are against this merger is because Midwest told them to be against it. I honestly don't know whether to be more upset at Midwest or the village idiots.

I think the paper got involved because Midwest told them to. They always seem to have a full page ad every Sunday, maybe they put some financial pressure to get them to help sling some mud.
 
Just wait until Skybus (AKA Shame Train) invades Wisconsin... It's bound to happen and Midwest's management will come back crying to the negotiating table... Just you wait...
 
This happen in 2003 and its now getting filed

Hey Lightning....why dont you get off that BRJ and come on over to the dark side of the Freight Deviates!!
 
Naah, my plane is big enough, you trying to make up for some short coming?:beer:
Also I like my weekends off.

give me a call
 
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Pretty sad....not indicative of the rest of our airline....and we don't take our clothes off in the cockpit either....oh...that was SWA..
I'm quite sure MidEx has had its little internal problems on occasion.....Lets dig up some dirt and sling some doo doo !!

Let the games begin !!
 
I'm so upset I think I will have some coke and drive down the wrong lane on the freeway.

Give me a break. Dirt flinging from a Milwaukee reporter. Is that all you can come up with. Ok I'm going to file this under " Things I could give less than a sh!t about ". Sexual harassment in the work place is unnacceptable, but trying to tie this into some company wide problem and a reason for shareholders not to tender is stupid. Please just go away and stop wasting everyone's time by posting this stuff.

Where is Dr. Perry Cox when you need him?
 
Wow. what a great example of balanced and unbiased reporting by the Milwaukee JS......not! If I'm not mistaken Midwest was the subject of some racial discrimination suits a few years ago that got settled out of court. The article didn't mention this but I'll bet I wouldn't need to spend very long on Google to find reference to this. Keep in mind that these are charges only, maybe they are true maybe they are not. Remember the Duke lacrosse team scandal recently? It looks to me like a some "victims" looking for a little hush money from AirTran. The Milwaukee paper has lost credibility with this one; there's a big difference between neutral, balanced reporting and a smear campaign to "demonize" Airtran. In the end this doesn't mean anything........the buyout is about MONEY and the shareholders will side with whoever will get them the most of it.
 
Here we go again, another one:

AirTran not exactly a newbie to lawsuits

Posted: May 2, 2007

BICE_COLUMN-100.jpg

[FONT=verdana, arial, helvetica]Daniel Bice[/FONT]
[FONT=verdana, arial, helvetica]No Quarter[/FONT]
[FONT=verdana, arial, helvetica]E-MAIL [/FONT]


AirTran Airways is soaring in uncharted territory.

That was the original defense put up by the discount carrier when it first discussed five federal lawsuits charging that the airline had permitted widespread sexual and racial discrimination and sexual harassment at its small Milwaukee station. AirTran has come under increased scrutiny of late because it is attempting to buy out Midwest Airlines here in Milwaukee.
Yes, AirTran acknowledged, ex-employees have gone to the U.S. Equal Employment Opportunity Commission in the past to air their gripes about the company. But until now, none of those had landed in federal court.
Let's hear company spokesman Tad Hutcheson put this in his own words:

"We've averaged fewer than 20 EEO complaints per year since 2000. This is the first (complaint) that has gone to a lawsuit where it's actually going to court since 2000."

So, to reiterate, AirTran doesn't get many of these suits, huh?
"No. This is our first one to go to court. We're breaking new ground here."
Or not.

It didn't take long for readers to start calling and e-mailing to set the record straight.

Actually, as many as a dozen former AirTran employees have sued the company in the past seven years, accusing it of discriminating against them because of their race, disability or national origin. This is not unusual at all, particularly for a company with 8,000 employees.
But one of the racial discrimination suits stands out.

In 2002, a former AirTran supervisor, Rose Bozeman, filed suit against the carrier based in Orlando, Fla., saying the manager of the Newark, N.J., station canned her because she was Latino.

No, Bozeman didn't win the case. The judge found that she didn't refute AirTran's claim that she was dumped because she failed to deposit $12 in liquor receipts as quickly as required under company policy.

What's interesting, though, is that the manager accused of racial discrimination, Terese Sellers, is the same person named in several of the Milwaukee suits as ignoring complaints and then retaliating against the employees. Wisconsin's Equal Rights Division found probable cause in the cases of two of the former AirTran workers that the company had discriminated against the women, permitted sexual harassment to occur and retaliated against the two after they raised objections. The three other women filed their cases in federal court before the state issued any preliminary ruling on their allegations.
AirTran has denied the charges.

Sellers did not return calls. She transferred to the Milwaukee office several months after Bozeman filed her EEOC complaint.

Did AirTran officials intentionally forget to mention this case when bragging about their clean record on employee discrimination suits?
Not at all, the airlines' corporate types say.

Hutcheson, the AirTran spokesman, said Wednesday that he simply meant to say that the Milwaukee cases were the first involving sexual harassment to be filed against the company in federal court in recent years.

As for Sellers, he said, she was not transferred to Milwaukee because of the allegations swirling in Newark. Rather, the carrier opened its Milwaukee station in June 2002, and because she had family in the area, Sellers applied for the top post here, Hutcheson said. The move, he said, was a lateral one: "She jumped at the chance."
Lucky us.

For the record, AirTran general counsel Richard Magurno said the company is not the legal neophyte it was made out to be last week. The image he presents is that of a tough, aggressive litigant.
With the new facts comes a new defense.

Accounting for all cases in which employees claimed they were discriminated against because of their race, sex, national origin, religion or age, Magurno said AirTran has been sued in federal court between eight and 12 times - not the zero figure from last week - since 2000, when he came on board. He agreed that there have been no previous sexual harassment lawsuits.
In his time with AirTran, he boasted, the carrier has won all of its employee discrimination suits.

"We've not settled any of them," Magurno said. "Any case that finds its way into court, in our mind, is a case in which we are completely and totally defensible."

And AirTran has no plans to settle or lose the five Milwaukee cases.
"I have every confidence that our (unbeaten) record is not going to change."
Just the kind of tough talk you would have expected in the beginning from an airline attempting a hostile takeover.
Daniel Bice can be contacted by phone at (414) 223-5468 or by e-mail at [email protected].
 

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