Tuesday, September 24, 2024

Harassing text messages doom employee's discrimination lawsuit


Derek Blockhus, a United Airlines flight attendant, was fired after sending threatening texts and voicemails to a coworker and former romantic partner. 

His messages included threats like, "You do realize, your dad and all his friends are going to get nudes of you?" and "The situation will get ugly" if she didn't respond. Blockhus sued, claiming his firing must have been because of his disability, age, and FMLA leave.

The 7th Circuit disagreed, affirming that United terminated him for violating its harassment policies, not discrimination or leave interference.

The court found no evidence to support Blockhus's claims. Instead, it confirmed that United Airlines had a legitimate, non-discriminatory reason for terminating him—his threatening behavior toward a coworker. Notably, Blockhus himself admitted to sending these messages, which weakened his argument that United's stated reason for termination was a pretext. The court also ruled that Blockhus's FMLA interference claim failed because the investigation into his conduct began before he requested leave, and the decision to terminate him would have occurred regardless of his leave status.

This case serves as an important reminder: an employee's protected status does not excuse workplace misconduct. Employers have the right to act when an employee violates company policies, particularly regarding harassment and threats.