PHILADELPHIA – A stock clerk working at Philadelphia International Airport for American Airlines alleges the company has “created a discriminatory, hostile and bigoted environment towards its African-American employees,” in a new lawsuit.
Debra Congo of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 18, versus American Airlines Group, Inc. of Fort Worth, Texas, AAG, Inc. supervisors Richard Morgan, Brandon Buchanan and Robert Naggy, all of Philadelphia, plus John Does 1-10.
Congo says she worked as a stock clerk on a probationary basis for US Airways in 2010 and for the defendant American Airlines in 2014 and 2017. Each time, she was laid off just prior to the end of her 90-day probationary period.
In July 2017, Congo claims she heard manager defendants Morgan and Buchanan make racist and discriminatory comments, including but not limited to, “n——s are dummies.” Furthermore, the plaintiff alleges she overheard Buchanan tell Morgan, in reference to her, “I do not want this black monkey moving past her 90 days.”
Traditionally, probationary stock clerks are instructed in all duties of the job and moved to different positions in order to allow for that training. However, Congo says she was intentionally set up to fail by not being provided that same instruction and was also suspended without pay for two days, for failure to provide a medical form that she had not been told was required by the Human Resources department.
“On or around Sept. 9, 2017, plaintiff was again let go by defendants prior to the end of her probationary period. Upon information and belief, plaintiff was replaced by Wayne Lee, a younger Caucasian male and a cousin of Mr. Buchanan. Each of the three times the plaintiff returned to work for the defendant, she had to quit the job she was working at the time and each time, her salary was allegedly decreased by the defendant,” the suit states.
“After plaintiff was let go in 2017, she placed a bid for a utility and stock clerk position in the Charlotte, North Carolina office of defendant but did not receive the position due to seniority. Upon information and belief, plaintiff has not been hired for any open positions with defendant American Airlines due to Mr. Buchanan’s influence.”
Congo adds she has constantly bid on open positions with defendant since she was let go in September 2017, but has not been hired for any of them to date. She believes the actual reason she was not hired for the open positions is due to the defendants’ pattern and intent to “discriminate against, discipline, discourage and terminate plaintiff due to her age and race.”
For counts of race-based discrimination and hostile work environment, civil rights conspiracy, intentional infliction of emotional distress, the plaintiff is seeking damages, individually, jointly and/or severally, in an amount in excess of $75,000, statutory, punitive, and compensatory damages, injunctive relief, front, back and lost pay, compensatory damages for future pecuniary loss, together with interests and costs and other such and further relief as this Honorable Court deems necessary and just, including attorney’s fees and costs. A trial by jury is also requested.
The plaintiff is represented by Brian R. Mildenberg of Mildenberg Law Firm in Philadelphia, Matthew B. Weisberg and David A. Berlin of Weisberg Law in Morton, plus Gary Schafkopf of Hopkins Schafkopf, in Bala Cynwyd.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-02322
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com