Judge Orders Southwest Lawyers To Attend ‘Religious Liberty Training’ Following Discrimination Lawsuit

Three legal representatives from Southwest Airlines Co. are required to undertake religious freedom courses provided by the Alliance Defending Freedom (ADF), following a federal judge’s sanctions issued on Monday.

This action stems from the wording of a company notice regarding employee rights, which the judge deemed did not meet the court’s requirements.

The case arose when former Southwest employee Charlene Carter filed a religious discrimination lawsuit after being terminated for anti-abortion posts on social media that Southwest claimed violated its policies.

Carter won her case, and the US District Court for the Northern District of Texas mandated Southwest to notify its flight attendants that religious discrimination would not be tolerated.

However, Judge Brantley Starr found that Southwest’s notice did not adequately reflect the court’s directive. Instead of stating that it “may not” engage in religious discrimination, the company notice claimed it “does not” do so. Additionally, the company sent a memo to employees reiterating the need to adhere to social media policies and suggesting that these policies justified Carter’s dismissal.

In response, Judge Starr ordered Southwest to provide an exact statement, as included in his opinion, that addresses the contested wording and incorporates the court’s preferred language.

Southwest announced its intention to appeal the court order while also appealing the underlying judgment to the US Court of Appeals for the Fifth Circuit.

Mark Mix, president of the National Right to Work Foundation, remarked, “Hopefully this order provides hope to other independent-minded workers that their right to express their religious dissent against union and company political agendas cannot so easily be waved away.” The foundation’s legal arm is representing Carter.

While Southwest contended its right to communicate with employees, Judge Starr concurred. Nevertheless, he highlighted that Southwest has consistently prioritized its “policies on civility” over federal laws like Title VII, potentially leading to further legal proceedings.

Judge Starr concluded that three of Southwest’s in-house attorneys, including the airline’s vice president of legal, labor, and litigation, must undergo religious freedom training. He mandated a minimum of eight hours of training through ADF by August 28, with ADF covering their expenses.

The Alliance Defending Freedom, based in Scottsdale, Arizona, countered the Southern Poverty Law Center’s designation of it as a hate group due to its anti-LGBTQ views. ADF Vice President and Senior Counsel Jeremy Tedesco asserted that the SPLC was “a thoroughly discredited, blatantly partisan activist outfit known for sexism, racism, and condoning domestic terrorism.”

The legal representation for Carter includes Pryor & Bruce, while Reed Smith LLP and Ryan Law Partners LLP represent Southwest.