United Airlines is facing three whistleblower lawsuits filed by employees who reported food safety concerns at its Newark catering facility.  The suits have been filed by United’s former senior manager of food safety, Marcia Lee; the General Manager of the Newark catering facility, Eliot Mosby; and Newark Food Safety Manager, Gustavo Moya—who allege that, after reporting food safety concerns, they experienced retaliation, were relocated, and/or pushed to resign.

Central to the three cases are allegations that United ignored the employees’ concerns regarding Listeria monocytogenes (“L. mono”) at the Newark facility.  In a report by CNBC, the network states that it has been provided environmental test results taken from February to mid-August that included 175 positive results for Listeria species and 27 positive results for L. mono at the Newark catering facility.  No foodborne illnesses have been associated with foods handled at the Newark facility.

The employees—two of whom have filed in federal court and one of whom has filed in New Jersey state court—are seeking relief under New Jersey whistleblower and anti-discrimination laws. Section 402 of the Food Safety Modernization Act added whistleblower provisions to the Federal Food, Drug, and Cosmetic Act under Section 399d; however, the plaintiffs have not challenged United Airlines on this basis.