Federal judge orders Southwest Airlines to rehire flight attendant fired over abortion views

AP Photo/David Zalubowski

A federal judge in North Texas has ordered that a Southwest Airlines flight attendant fired for her objection to her union president participating in the Women’s March in Washington, D.C. in 2017 be reinstated. However, the judge cut her jury award to abide by federal limits.

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Charlene Carter claimed that Southwest Airlines and Transport Workers Union Local 556 violated her rights when she was fired after sending anti-abortion messages to the union’s former president on social media. On Monday, U.S. District Judge Brantley Starr also ordered that the original $5.3M award by the jury be reduced to $810,180, which includes $150,000 in back pay, due to the fact that federal discrimination law limits damages that companies can pay in such cases.

Judge Starr is based in Dallas and was appointed by former President Trump in 2019. “

The Court ENJOINS Defendants from discriminating against Southwest flight attendants for their religious practices and beliefs, including — but not limited to — those expressed on social media and those concerning abortion,” Starr wrote in the ruling.

Starr also warned the airline and the union not to retaliate against Carter and to post the jury verdict in break rooms, on bulletin boards and to send it to employees.

In March 2017, Carter was fired after sending confrontational emails and messages on social media to the former flight attendant union president, Audrey Stone. Charlene called Stone despicable for attending the Women’s March in D.C. earlier that year. Carter is pro-life and didn’t want her union participating in an event with Planned Parenthood and other pro-abortion groups.

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“This is what you supported during your paid leave with others at the Women’s March in D.C.,” Carter wrote in one Facebook message to Stone, according to the lawsuit. “… You truly are despicable in so many ways.”

Stone did not engage Carter on Facebook by responding to her message. Carter continued to send notes and was later told by Southwest management that she was required to attend a mandatory meeting on the issue. Carter argued that she had protection through her union. Specifically, she said that the Railway Labor Act that governs labor agreements at airlines protects her speech. She claimed the right to actively oppose, challenge, and advocate against the union. She was fired.

A jury found in favor of Carter. In July, she was awarded $4.15M in back pay, pain and suffering, and other costs. The union was ordered to pay $1.5M. Carter was represented by the National Right to Work Committee. That group has a legal team that fights compulsory union membership and dues. Their argument was that the airlines violated Carter’s religious liberty by supporting pro-abortion groups.

“Ms. Carter’s victory should prompt nationwide scrutiny of union bosses’ coercive, government-granted powers over workers, especially in the airline and rail industries,” said a statement from National Right to Work Foundation President Mark Mix. “Even after her victory, she and her colleagues at Southwest and other airlines under union control can be forced, as per the Railway Labor Act, to pay money to union officials just to keep their jobs.”

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That’s a reference to union dues. That’s a big reason conservatives oppose compulsory union membership as a condition of employment. Unions take dues. Those dues are frequently used in political ways and the politics always goes one way – to Democrats. Unions have grown to have oversized power in politics, especially in political donations. The current first lady is a member of a teachers union and boasted that unions have a friend in the White House now. If you are a conservative union member, too bad. Your dues go where the leadership says they go.

The airlines will appeal.

Southwest Airlines spokeswoman Brandy King said the company plans to appeal the verdict to the Fifth Circuit Court of Appeals.

“Southwest Airlines has a demonstrated history of supporting our employees’ rights to express their opinions when done in a respectful manner,” she said in an email. “We are in the process of assessing the requirements of the recent judgment as we move forward with our plans for an appeal.”

Judge Starr made reference to a Southwest Airlines marketing slogan in his ruling. “Bags fly free with Southwest. But free speech didn’t fly at all with Southwest in this case.”

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That Women’s March the union president participated in was the first one – the one held the day after Trump was inaugurated. The judge who ruled that Carter be reinstated was appointed by Trump. Elections have consequences and judicial appointments are a big one. Free speech and religious freedom are often at stake.

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