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Suit claims racial and gender bias contributed to the death of an Air Force contractor.

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Suit claims racial and gender bias contributed to the death of an Air Force contractor.

NEW YORK — On the tragic night that marked Stephanie Cosme’s untimely death, her family received a brief and unsettling account from a U.S. Air Force representative at the hospital. The official stated that Cosme, a civilian contractor, had failed to adhere to safety protocols when she was fatally struck by the propeller of an aircraft.


The family endured a painful wait of eight months to uncover additional details surrounding the incident that occurred during supposed low-risk ground testing of an MQ-9A Reaper drone at Gray Butte Airfield in California on September 7, 2023. They believed the explanation of Cosme, a 32-year-old testing engineer employed by contractor Sumaria Systems, LLC, merely neglecting instructions, lacked additional context.


Eventually, a report by the U.S. Air Force Aircraft Accident Investigation Board validated their suspicions, revealing that her instructor hastily undertook his duties and improperly guided Cosme on how to collect data from the drone, among other significant factors.


However, a lawsuit filed by her family against Sumaria last month raises a more disturbing narrative. They assert, supported by witness accounts from the Air Force investigation, that Cosme’s demise was the outcome of a persistent campaign of gender and racial discrimination allegedly orchestrated by testing director Derek Kirkendall, who purportedly displayed a pattern of animosity toward Hispanic workers.


The legal counsel representing both Sumaria and Kirkendall stated that “the defendants deny any wrongdoing or liability whatsoever,” expressing their intent to contest the lawsuit’s claims in court through standard legal proceedings.


While the Air Force report, released earlier in April, makes no mention of race or gender discrimination contributing to Cosme’s death, her family’s attorneys assert that their accusations stem from witness statements indicating that Kirkendall deliberately isolated Cosme on the day of the incident, assigned her perilous tasks far from her teammates, and failed to inform the ground crew about her involvement. The lawsuit also alleges that Kirkendall used derogatory language against her, labeling her as “lazy” in line with anti-Hispanic stereotypes.


“My mind constantly pondered her last moments,” shared Cassaundra Cosme, Stephanie’s sister, reflecting on her feelings of uncertainty. “The sheer lack of clarity was agonizing.”


However, even gaining clarity brought no peace: “It was a relief to learn it wasn’t her error, but it was disheartening to realize it wasn’t merely an unfortunate accident,” she recalled.


Moreover, the lawsuit points to a hostile work environment complaint previously lodged against Kirkendall by Cosme’s predecessor—a Latina woman who left after voicing concerns. Her lawyers argue that Kirkendall subjected Cosme, who was of Mexican and Puerto Rican lineage, to the same mistreatment, ultimately fostering a dangerous work atmosphere that contributed to her tragic accident.


In testimonies provided to the Air Force investigator, one engineer recounted Kirkendall stating he was “hazing” Cosme by requiring her to stand in the sun next to the aircraft for a seemingly trivial task without any means to communicate with her colleagues at the control station. The investigation concluded that no ground crew members were aware of Cosme’s function during the testing or that she would be approaching an aircraft with a running propeller.


According to Katz, a civil rights lawyer specializing in issues of sexual harassment and discrimination, Kirkendall’s behavior toward Cosme exemplifies the systemic challenges women face in breaking into male-dominated industries. “Such hazing goes unchecked when it becomes part of the workplace culture,” she noted. “This suit aims to address this blatant gender discrimination that resulted in a death.”


Kirkendall admitted in his testimony to the investigation that he was taken aback by the earlier complaint from Cosme’s predecessor, believing he had maintained a strong rapport with her. He mentioned that Sumaria’s inquiry into her claims deemed them without merit, even though she had resigned beforehand.


The lawsuit further alleges that two Hispanic male employees also left Sumaria due to mistreatment from Kirkendall. Details surrounding these claims—including the former complaint against Kirkendall—have not been independently verified, and Sumaria did not provide detailed answers regarding the allegations or preceding investigations.


It remains unclear what steps, if any, Sumaria has undertaken in response to the incident or in light of the Air Force findings. Though the Aircraft Accident Investigation Board’s report is public, any safety recommendations to prevent future incidents are confidential.


In a detailed response to the California Division of Occupational Safety and Health, which penalized the company $38,055 for various safety violations, Sumaria defended Kirkendall’s actions during the incident, alleging that Cosme neglected her training and instructions on aircraft approach.


Jennifer Mondino from the National Women’s Law Center remarked that while gender harassment cases involving deceased victims aren’t rare, they do come with unique challenges. She highlighted the difficulty in proving claims of gender discrimination amidst a workplace atmosphere that often discourages individuals from speaking out.


From the perspective of Cosme’s family, the absence of accountability for the lapses that led to her passing remains a profound source of anguish. As part of their legal action, they seek a jury trial alongside unspecified damages.


Cosme’s family cherished her tenacity and positive spirit as she navigated her career in a male-centric field, starting from high school engineering classes with only two other girls in her first year and being the only one by her last. Following in her father’s footsteps, Mario, she earned a Master’s in Engineering/Industrial Management from Embry-Riddle Aeronautical University.


In memory of their daughter, the family laid her to rest in her wedding gown, tailored to conceal her injuries.


“We will never heal from this loss. Life was beautiful until then,” expressed Mario Cosme. “Derek Kirkendall and Sumaria have obliterated a lifetime’s worth of integrity and hard work.”