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She Is Back

sleepy

Living The Dream!
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The Queen of the Sky is back, with a lawsuite against Delta.

Ex-flight attendant sues Delta over blog

By MIKE TIERNEY
The Atlanta Journal-Constitution
Published on: 09/08/05
A former Delta flight attendant whose slightly naughty photos on a personal Internet blog got her permanently grounded by the airline has fired back.

Ellen Simonetti filed a sex discrimination suit Wednesday against Delta in U.S. District Court in Atlanta, claiming that male colleagues with possibly insensitive material on their own blogs have gone unpunished.

CHARLOTTE B. TEAGLE / Staff
Former Delta flight attendant Ellen Simonetti says in her lawsuit that some male airline employees have personal blogs but have not been punished for them.
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The suit seeks unspecified monetary damages plus reinstatement to her job. She was suspended last September without pay and dismissed a month later.

Dubbed "Diary Of A Flight Attendant," Simonetti's blog, www.queenofsky.net, is the typical mishmash of personal life stories and world views. But it was an assortment of "inappropriate photos" that angered the airline, according to the lawsuit.

One photo shows Simonetti, 30, with her Delta uniform blouse partly unbuttoned, exposing a glimpse of her bra. In another, she is stretched across a row of plane seats, with her skirt somewhat hiked.

None of them "rise to the level of a PG rating for a movie," said her lawyer, Kevin Fitzpatrick.

A Delta spokesman said the airline refrains from commenting on pending litigation.

The case could plow fresh legal ground on whether a company can take action against an employee for operating a blog. Simonetti was featured in a recent People magazine article that mentioned workers who were fired for blog content.

Fitzpatrick maintains that Delta's employee behavior rules make no mention of Internet activity. He and Simonetti contend she was fired as a warning to other airline workers with blogs.

No male Delta employees with blogs have been disciplined, according to the suit. Simonetti pointed out a few that pictured uniformed workers and included mild sexual content.

"The main difference between Ellen and them is chromosomal," Fitzpatrick said.

Simonetti, whose job was based in Atlanta, said she launched the blog partly as therapy to cope with the death of her mother. A day before a scheduled departure to Rome last September, she said, Delta deactivated her.

"I was just in shock. I asked why they didn't give me a warning. They said, 'This is your warning — being suspended.' ... They intimidated and harassed me."

She submitted a sex discrimination complaint with the U.S. Equal Employment Opportunity Commission. The EEOC elected not to sue Delta directly but issued a "right to sue letter."

Her lawsuit also claims Delta sought retribution for her involvement in a drive to unionize flight attendants. The company's attendants ultimately voted against joining a union.

Simonetti, who resides in Austin, Texas, said she has been unable to find work with another airline. A University of Texas graduate, she plans to write a book on her experiences and enroll in culinary school.

Any attention generated by the dispute, she said, has been mostly unwanted.

"I've gotten stalker-type e-mail and phone calls. I have to screen my calls. It's been pretty much all negative."

Fitzpatrick acknowledged that a declaration of bankruptcy by Delta, which has been widely anticipated, would delay the case.

As to the airline's financial hardships, Simonetti said she wishes them no ill will.

"I'd feel real bad if Delta went out of business," she said. "I still have a lot of friends there."
 

Stifler's Mom

MILF...MILF...MILF
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The Queen of the Sky said:
"I've gotten stalker-type e-mail and phone calls. I have to screen my calls. It's been pretty much all negative."
General, is she referring to you?:cool:
 

klhoard

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I thought her 15 minutes was over. . . .
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RogerMOSA

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d*mn lawyers.....

klhoard said:
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I thought her 15 minutes was over. . . .
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Officially her time is up. Her lawyer, Kevin Fitzpatrick, is looking for his.
 

J32driver

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Good angle on the law suit though. Not suing for being fired. Suing because the men that do it weren't. I'd be willing to bet she wins.
 

91100 100 set

to the book
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This is the first time I've heard about this, but she does have some nice legs.
 

Flying Illini

Hit me Peter!
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J32driver said:
Good angle on the law suit though. Not suing for being fired. Suing because the men that do it weren't. I'd be willing to bet she wins.
She's suing because the men who "lay across plane seats with their skirt slightly hiked up" weren't fired?
 

User546

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She also is off unemployment now too, so money is getting tight.

She's been laid off a year and has refused to even make an effort getting a job. She's just lounged around, and mooched off donations from her website visitors, instead of sucking up the firing and Delta and moving on with her life by getting a real job.

Makes me mad to see her back in the headlines again. Just go away already!
 

Huck

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Reminds me of a guy at ASA. He busted a PC and, flailing away in anger, started shouting about all the egregious acts he'd seen other captains do.

What do you know, the standards guy wrote those names down and investigated the acts described ("Pornogate" to all you old ASA dudes out there).

People say the darndest things when they get in trouble....
 

klhoard

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Flying Illini said:
She's suing because the men who "lay across plane seats with their skirt slightly hiked up" weren't fired?
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Didn't need that picture in my head. . . .
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doh

Jump seat shrink
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Flying Illini said:
She's suing because the men who "lay across plane seats with their skirt slightly hiked up" weren't fired?
No, she's suing because the men had, at least in 2 cases, overtly sexual content on their blogs, had pictures of themselves in uniform, and were let off the hook. She had a few links on her site to these blogs. They were pretty digusting, and they didn't even get a warning. But then again, Delta did sponsor pride week or whatever it was called in ATL.:eek:
 

lostplnetairman

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sleepy said:
She submitted a sex discrimination complaint with the U.S. Equal Employment Opportunity Commission. The EEOC elected not to sue Delta directly but issued a "right to sue letter."
When someone files a complaint with the EEOC, there is an investigation. At the conclusion of the investigation, if the EEOC finds that the case is not substantiated, they issue their findings, administratively close the case and issue a "right to sue letter." Or a complainant can ask the EEOC to cease the investigation, administratively close the case, and issue the "right to sue letter." With the amount of time that has elapsed (she filed the complaint on October 8, 2004), the first scenario is most likely. Given that the EEOC investigates and tries to get the parties to mediate to avoid lawsuits, absent a finding of discrimination by the EEOC prevailing in court is much more difficult.

HR Diva
 
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