Asia Pacific Airlines (APA), a Guam-based cargo airline operated by Aero Micronesia Inc., has been ordered by the U.S. Department of Labor (DOL) to pay over $2 million in damages to Brant Swigart, a former pilot who was wrongfully terminated for raising serious aircraft safety concerns. The whistleblower lawsuit marks a significant victory for employee protections under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21).
Background of the Whistleblower Case
Captain Brant Swigart, a seasoned cargo pilot, reported to his supervisors and federal aviation regulators that Asia Pacific Airlines was flying aircraft with unresolved engine malfunctions. Specifically, Swigart refused to fly a cargo plane after it suffered an uncommanded engine shutdown, citing safety concerns that maintenance reports were incomplete and faulty.
Despite his repeated warnings, APA’s maintenance team failed to diagnose and fix the engine issue properly. Investigations by both the Occupational Safety and Health Administration (OSHA) and the Federal Aviation Administration (FAA) concluded that the airline used incorrect troubleshooting procedures, allowing unsafe aircraft to operate.
Retaliation and Legal Proceedings
Following Swigart’s refusal to operate the unsafe aircraft and his safety complaints, APA suspended and eventually terminated his employment, actions determined to be retaliatory and illegal under federal whistleblower protection laws. The airline’s then-chief pilot and Director of Operations, Ralph Freeman, defended these disciplinary measures as justified throughout the investigations.
After a thorough investigation, OSHA concluded the airline’s retaliation violated AIR-21 and ordered Asia Pacific Airlines to pay Swigart back pay, front pay covering eight years of future salary, financial damages for emotional distress, interest on loans, and attorney fees. The airline was further directed to expunge all disciplinary records related to Swigart’s whistleblowing and enact employee training on whistleblower rights.
Significance and Broader Impact
The case highlights the critical importance of protecting aviation employees who raise safety concerns essential to public safety. It sends a strong message to the airline industry that employee retaliation for whistleblowing will face serious legal consequences.
Since 2014, OSHA has received multiple safety-related complaints from Asia Pacific Airlines pilots, reinforcing systemic issues that invited regulatory scrutiny. The lawsuit also underscores the role of federal whistleblower protections in enforcing accountability in high-risk industries such as aviation.
Future Outlook
Asia Pacific Airlines retains the right to appeal the DOL’s ruling before the Office of Administrative Law Judges. Meanwhile, the ruling stands as a benchmark case illustrating successful enforcement of AIR-21 protections.
For aviation professionals, the case encourages vigilance and courage in raising safety concerns. For airlines and employers, it serves as a key reminder to uphold workplace safety and compliance with whistleblower laws to avoid costly and reputational damage.
Conclusion
The Asia Pacific Airlines pilot whistleblower lawsuit reveals the vital intersection of employee rights, aviation safety, and federal law enforcement. The $2 million award recognizes the risks and sacrifices made by whistleblowers to ensure safer skies for all.
It underscores the necessity of fostering transparent, safety-oriented workplace cultures in aviation and beyond.
