Two Alaska Airlines flight attendants who say they were fired for expressing religious objections to President Biden’s LGBTQ policies are getting another chance in court.
A liberal federal judge in Seattle, Barbara Rothstein, had dismissed their lawsuit with prejudice, ruling that the attendants had not shown evidence of discrimination by the airline or the Association of Flight Attendants union. Rothstein, a longtime judge appointed by President Jimmy Carter, closed the case about 15 months ago.
But on Aug. 22, a three-judge panel of the 9th US Circuit Court of Appeals, made up of Judge Morgan Christen (of Anchorage), Judge Kenneth Lee, and Judge Daniel Bress, strongly questioned that ruling during oral arguments. The appellate judges suggested the case should go to a jury, warning Alaska Airlines and the union’s lawyers not to be overly confident in their interpretation of the evidence.
The case involves flight attendants Lacey Smith and Marli Brown, who, on an internal employee message board, criticized Alaska’s public support for federal LGBTQ protections. They were later fired.
During the hearing, the appellate judges pointed to statements by company officials that could be interpreted as showing hostility toward the attendants’ religious beliefs. They also raised concerns that Alaska Airlines and the union representing flight attendants may not have given the women a fair defense.
The original lawsuit by the attendants, represented by First Liberty, was filed in May, 2022.
“When Alaska Airlines proudly declared on the company’s internal message board its support of the passage of the deceptively-titled Equality Act, it invited employees to comment. First Liberty clients Lacey and Marli responded on the company’s online forum, asking genuine and respectful questions about their employer’s support for the legislation. Their faith compelled them to ask about the Airline’s support for federal legislation that would remove protections for women and religious employees in the workplace. The company disparaged their beliefs and promptly fired them over these questions,” First Liberty wrote.
“Last year, a federal district court handed down an alarming ruling that deprived our clients of their chance to prove their case before a jury. The court ignored overwhelming evidence of religious discrimination to rule in favor of Alaska Airlines and the flight attendants’ union,” the legal group that is defending the women noted.
If Rothstein’s ruling stands, “it would empower employers to punish employees simply for expressing their religious beliefs. It would give businesses leeway to discriminate against employees who hold religious beliefs about the nature of male and female or the need to protect women’s spaces, if done under the guise of protecting other employees from hearing ideas that they find offensive.”
More about this case at FirstLiberty.org.
Alaska Airlines brings new meaning to the drag coefficient in flight. Lowering the flaps for Alaska Airlines is equivalent to having their male flight attendants in skirts and low heels, swishing down the isles while demonstrating the oral inflation of life vests.
LOL…..this comment will make headquarters.
another reason to not fly Alaska
They are Alaska Airlines in tax name only. They have their aircraft registered in Alaska bcuz they pay only $75 per engine rather than the value if they were registered in Seattle
Holy cow, employees are invited to comment, on an internal company employees forum, on legislation & the company’s position on that.
And the defendants were honest and made the asked for comments according to their positions. The union demands they be fired and boom, they’re gone.
This is nuts
It’s not like they walked around wearing rainbow lapel badges with a red circle and a line through it or similar. They didn’t express their views to customers or discriminate against customers.
I’m glad they are appealing.
Wholeheartedly agree.
Good! Now maybe customer’s religious views will be respected too!
Alaska Air is a very woke and ESG oriented company. Ironically, they make their money by burning fossil fuels but even the most vocal climate change activists like to travel. It appears the native man on the tail will soon disappear and a new logo is already in place. The renamed the awards program as well.
I’m no fan of Alaska Airlines, but I do believe this article is a wee bit one sided. What exactly did they say and ask? Probably need some more info before making snap judgements.
Alaska Airlines has been woke for decades, and Alaskan customers have been bilked by them for decades. Who do you think subsidizes those cheap fares everywhere in the Alaska Airlines system but in Alaska itself? While you’re looking into it, check the Alaska Airlines maintenance department.