Southwest Airlines argued in federal court on Monday that it has a right to terminate flight attendants for expressing “hostile and graphic” viewpoints on social media while the flight attendant at the heart of this case argued that her expression constitutes protected religious speech.
Southwest Airlines Takes Appeal To Fifth Circuit Against Anti-Abortion Flight Attendant
This case boils down to whether a Southwest Airlines flight attendant named Charlene Carter was fired for her religious beliefs (protected speech) or for improper conduct when she sent graphic anti-abortion material coupled with disparaging messages to a union leader (unprotected speech).
Carter claims she was fired for her religious convictions while Southwest contends she was fired because she violated company rules “requiring civility in the workplace “by sending “hostile and graphic” messages on Facebook to a fellow employee.
Let’s review what has led to this point.
2017: Southwest Airlines Flight Attendant Fired For Anti-Abortion Facebook Messages
Carter did not like that her union president, Audrey Stone, participated in a pro-choice rally with other colleagues in 2017 “with signs identifying their union affiliation.” So she let her know via Facebook. And she used graphic, gruesome images and video of aborted fetuses to make her point. This took place over five private messages. Carter also added commentary, including:
This is what you supported during your Paid Leave with others at the Women’s MARCH in DC….You truly are Despicable in so many ways…by the way the RECALL is going to Happen and you are limited in the days you will be living off of all the [Southwest Airlines Flight Attendants]..cant wait to see you back on line.
…
Wonder how this will be coded in the LM2 Financials…cause I know we paid for this along with your Despicable Party you hosted for signing the Contract….The RECALL [of the Local 556 Executive Board] is going to Happen we are even getting more signatures due to other [flight attendants] finding out what you guys do with our MONEY!!! Can’t wait for you to have to be just a regular flight attendant again and not stealing from our DUES for things like this!
…
Did you know this….Hmmmm seems a little counter productive don’t you think….you are nothing but a SHEEP in Wolves Clothing or you are just so uneducated that you have not clue who or what you were marching for! Either way you should not be using our DUES to have Marched in this despicable show of TRASH!
Stone wrote Carter back, telling her to contact her Congressional legislators if she wanted change in public policy. Carter responded, stating:
First off I do not want your Propaganda coming to my inbox…that being said I Support the RIGHT TO WORK Organization 100% ABOVE what I have to pay you all in DUES! YOU and TWU-AFL-CIO do not Speak For Me or over half of our work group…We have a RECALL right now that we want adhered to with over the 50+ 1% and growing. WE WANT YOU all GONE!!!!!
P.S. Just sent The RIGHT TO WORK more money to fight this…. YOU all DISGUST ME!!!!! OH and by the WAY I and so many other of our FAs VOTED FOR TRUMP….so shove that in your Propaganda MACHINE!
Stone reported Carter for harassment and Southwest fired her, after “telling her she cannot make a political statement while at work and cannot post ideological views on a personal Facebook page with a connection to the workplace.” Southwest added that Stone felt “harassed by the images and the statement sent in the messages.”
2022: Flight Attendant Sued Union + Southwest…And Won
Carter sued for retaliation, illegal termination, and discrimination under Title VII on the basis of her religious beliefs. In 2022, Carter won her lawsuit and was awarded $5.3 million by a North Texas jury. The jury found the Transport Workers Union Local 556 violated her rights as a worker to advocate against her union.
The jury determined Southwest must reinstate Carter and pay her $4.15 million in back pay (as well as pain and emotional suffering) while her union must pay her $1.15 million. The judge reduced that to a statutory limit of $800,000 and also ordered Southwest Airlines to inform employees that it may not discriminate against them for “religious practices or beliefs.”
Southwest promptly appealed.
2023: Southwest Held In Contempt
Beyond Carter’s victory, Southwest was ordered to make clear by U.S. District Judge Brantley Starr that it “may not discriminate against Southwest flight attendants for their religious practices and beliefs.” Instead, Southwest told employees that it “does not discriminate” on religious grounds while also reminding them to refer to the existing policy for questions. This was the same policy that was used to fire Carter after she attacked union leaders for attending the 2017 Women’s March in Washington, DC.
When word reached Judge Starr, a Trump appointee, via a motion from Carter, of how Southwest conveyed his instructions to employees, he ruled the Dallas-based airline was in contempt of court and issued a further fine against the Dallas-based airline. The fine was stayed after Southwest appealed the ruling.
2024: Appeal To Fifth Circuit
Monday’s hearing was before a three-judge panel of the US Fifth Circuit Court Of Appeals in New Orleans, Louisiana. Southwest is seeking to have Carter’s legal victory tossed…the fact pattern has not changed.
Appellate Judge Corey Wilson asked Carter’s attorney whether workers should be allowed to harass co-workers “as long as it’s cloaked in religious conduct or religious practice.” He also asked Southwest why Carter was targeted and the extent to which it could actually monitor the social media of its employees in a consistent manner.
A ruling is expected in the months ahead with the loser expected to ask the US Supreme Court to take up the case.
CONCLUSION
The saga between an anti-abortion flight attendant at Southwest Airlines and her employer drags on, with Southwest’s social media policy still not legally settled. A ruling will be issued later in 2024.
> Read More: Southwest Airlines Flight Attendant Wins Lawsuit Over Abortion Advocacy
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