JetBlue Corporation has been ordered to reinstate and compensate a flight attendant who was fired for raising safety concerns about a flight.  The termination came after a passenger aboard a flight scheduled to leave from John F. Kennedy International Airport in July of 2015 made a comment to the flight attendant about a perceived safety violation.  The flight attendant exited the plain onto the jet way to contact a supervisor for guidance on addressing the safety concern.  The attendant was fired several months later, in part, for stepping off the plane and making the call from the jetway. 

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) investigated the matter and concluded that the attendant engaged in whistleblower activity protected that was a contributing factor in the termination decision.  Such activity is prohibited by the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century (AIR21).  As such, OSHA has ordered JetBlue Corporation to reinstate the flight attendant and clear the affected personnel file.  The company must also compensate the employee with $143,783.66 in back pay, compensatory damages, and attorneys’ fees, and post a notice informing all employees of their whistleblower protections.  While JetBlue can appeal the order before the Department’s Office of Administrative Law Judges, such action would not delay the effect of the preliminary reinstatement order.

While AIR21 only applies to whistleblowers in the airline industry, it should be noted that OSHA also enforces whistleblower provisions of other statutes protecting employees who report violations of laws commercial motor vehicle, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws.  It is a best practice to provide a timely response to any safety concern raised by an employee, and to ensure that managers do not take adverse action against the employee for raising the concern.  Click here for more information, including law and policy guidance on OSHA’s whistleblower protections.