Delta Global Services Says They’re Not Liable for Actions of Employee

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DGS has filed a motion for summary judgment in a lawsuit against them that was filed by a former employee.

Guam – A former Delta Global Services employee who’s suing the company and DGS representatives were not able to reach a settlement agreement and now DGS wants the case thrown out saying they’re not liable for the alleged discriminatory actions of other employees.

Former DGS Ramp Agent Jocelyn Orio filed the lawsuit in District Court in December 2014 alleging discrimination based on gender, race and disability.

But Delta attorneys say Orio’s allegations don’t rise to the level of discrimination and they also say that when Orio first reported the alleged harassment, Delta management took care of the issue by reprimanding the other employee.

Delta says they can’t be liable for punitive damages because they followed their policies and the other employees actions were never repeated afterward.

Delta also says that Orio herself admitted that she couldn’t prove why the employee harassed her and only speculated that it had to do with her gender, race or disability.

In fact Delta says they were forced to terminate Orio because she violated Airport Authority policy and failed to show up to work for several weeks and never returned company phone calls.

Delta is asking for summary judgment in the case.

You can read the motion by clicking on the file below.

dgs_response_to_orios_claims.pdf