Southwest Airlines Appeals $800,000 Award in Flight Attendant Discrimination Lawsuit
ICARO Media Group
The case also involves a judge's order for the airline's lawyers to undergo religious liberty training from a conservative Christian legal group.
The airline argues that flight attendant Charlene Carter was fired for violating company regulations on workplace civility. According to Southwest, Carter sent "hostile and graphic" anti-abortion messages to a fellow employee, who also held the position of the local union president. Carter had criticized the union leader for participating in the 2017 Women's March in Washington, D.C., which focused on protesting the inauguration of then-President Donald Trump and advocating for the protection of abortion rights.
Carter's legal team contends that she sent the messages as a "pro-life Christian" to raise awareness about abortion. They argue that her dismissal is a violation of federal law that protects employees from religious-based discrimination. Carter's attorneys assert that both Southwest management and the union, which lodged a complaint regarding Carter's messages, should be held accountable for her termination.
Following the trial, U.S. District Judge Brantley Starr, a Trump nominee who assumed the position in 2019, ordered Southwest Airlines to inform flight attendants that religious practices and beliefs are protected under federal law. However, the airline issued a statement to its employees stating that it "does not discriminate" and reiterated the company policy cited as the reason for Carter's firing. In August, the court found Southwest in contempt for its communication to flight attendants and ordered the airline to cover Carter's legal expenses, as well as requiring three of its lawyers to complete at least eight hours of religious liberty training from the Alliance Defending Freedom.
The Alliance Defending Freedom is known for its involvement in various high-profile legal battles, including defending individuals who refused to work on same-sex marriage projects and advocating for restrictions on transgender rights. They have also challenged the long-standing federal approval of a medication commonly used in abortion procedures.
Carter's legal team argues that the religious liberty training ordered by the court is a standard civil contempt sanction and does not infringe on the airline's freedom of speech rights.
Initially, the awarded amount against Southwest Airlines and the union was $5.1 million, with the majority falling on Southwest. However, due to federal limits on punitive damages, the amount was later reduced to approximately $800,000. This includes $450,000 in damages and back pay from Southwest, $300,000 in damages from the union, and approximately $60,000 in interest.
Southwest Airlines' appeal intends to challenge both the awarded amount and the judge's instructions regarding religious liberty training. The outcome of this appeal will be significant in determining whether Carter's claims of religious discrimination are upheld or dismissed.