United’s retention of harassing pilot may have been criminally negligent, judge finds

United Airlines faces a court finding that its decision to retain a pilot accused of distributing a coworker’s intimate images may constitute criminal negligence. The airline learned in April 2024 that police were investigating the pilot’s misconduct, yet the pilot remained employed until his arrest and subsequent termination in July 2024. A flight attendant who alleged she suffered anxiety and took time off after learning of the investigation sued United, claiming the airline’s inaction harmed her job performance and created a hostile work environment. Judge Nina Wang allowed the negligence claim regarding United’s retention of the pilot to proceed, but dismissed the attendant’s other claims, including hostile work environment, vicarious liability under Colorado law, and negligent hiring and supervision.

The judge’s rulings hinged on United’s lack of knowledge of the pilot’s behavior before April 2024 and the fact that the alleged misconduct did not occur in the workplace, during work hours, or in front of other employees. Wang emphasized that the flight attendant never reported the pilot’s actions to United and that the airline’s awareness of allegations against a different pilot could not be used to infer constructive knowledge of this pilot’s conduct. Consequently, the court found insufficient grounds to sustain the attendant’s broader claims, limiting liability to the question of whether United’s retention of the pilot after learning of the investigation was negligent.

United declined to comment on the decision, and the plaintiff’s attorneys did not respond to requests for comment. The case underscores the legal risks airlines face when handling internal misconduct allegations, particularly when employees suffer secondary harms such as anxiety or impaired performance. While the negligence claim proceeds, the dismissal of the other allegations narrows the potential exposure for United, leaving the question of criminal negligence to be resolved in future proceedings.

⚡ Effects Interpreter