Louisiana court dismisses TSA officer’s harassment, discrimination claims

The U.S. District Court for the Eastern District of Louisiana in New Orleans recently dismissed claims against the U.S. Department of Homeland Security (DHS) for harassment and race discrimination. The court ruled that the employee, a Transportation Security Administration (TSA) officer, didn't allege sufficient facts in her lawsuit to support her claims and justify a trial. The court’s opinion offers guidance for employers facing claims of workplace harassment, particularly when those claims relate to politically sensitive issues.

Background

Dana Noakes was a Transportation Security Officer employed by the TSA at New Orleans Armstrong International Airport. Noakes alleged that, while off-duty in June 2020, she posted comments on her private Facebook page criticizing a video of protesters and rioters in the United Kingdom in response to the murder of George Floyd. She alleged that after her post, some of her coworkers posted screenshots of her comments and her picture, identifying her as a TSA officer.

Noakes alleged that, because of her coworkers publicly identifying her and posting her comments, she was subjected to threats and intimidation. Noakes is a white female, and she alleged that many of her non-white coworkers began harassing her. She also stated that her coworkers targeted her because she is white and because she was critical of the “protests and riots” that occurred in the summer of 2020.