The U.S. Court of Appeals for the Ninth Circuit has revived a lawsuit on Wednesday filed by two fired Alaska Airlines flight attendants who say the airline dropped them – and their union refused to defend them – because of their religious beliefs. And the record in the case is appalling.
- Alaska Airlines invited employees to comment on its support for the proposed federal Equality Act
- They they fired two flight attendants for comments expressing concern about the act, which were rooted in Christian beliefs.
- And the employees say that the AFA-CWA union not only failed to protect them but actively undermined their religious discrimination defenses and helped get them fired.
In 2021, the U.S. House of Representatives passed the Equality Act prohibiting discrimination based on sex, sexual orientation, and gender identity in public accommodations and facilities, education, federal funding, employment, housing, and credit. The bill stalled out in the Senate Judiciary Committee.
Alaska Airlines endorsed the act, and they invited employees to discuss it on their Alaska’s World employee intranet.
Flight attendant Lacey Smith posted “As a company, do you think it’s possible to regulate morality?” This got her fired.
Another flight attendant offered a longer critique, arguing that the Equality Act would “suppress[..] religious freedom, obliterating women rights and parental rights” and:
[a]ffect everything from girls’ and women’s showers and locker rooms to women’s shelters and women’s prisons, endangering safety and diminishing privacy. Giving people blanket permission to enter private spaces for the opposite sex enables sexual predators to exploit the rules and gain easy access to victims.
She was fired as well. And their union pushed for the terminations. The President of the flight attendants union wrote “the post is reprehensible and there should be repercussions” and that he’d be having “an ongoing and evolving conversation with management over the next couple weeks” and said:
Employees get to be bigots in their private lives and to express their bigoted and misinformed opinions while not at work—as horrifying as that may be.
The union president texted a pilot friend about Lacy Smith, “I hate her” and texted another employee that her post was “bullshit” and that “Mngmt needs to send [her] bigoted ass packing for a variety of reasons.”
In fact, it was the union head who flagged the second flight attendant’s post to management for discipline: “[c]heck out Marli Brown’s post on [Alaska’s World] re: Equality Act. Definitely lighting up social media tonight, as if Lacey [Smith] wasn’t enough” and then “I wish fewer people would struggle so much with unifying their faith with inclusivity.”
A union representative wrote, “Can we PLEASE get someone to shut down comments, or put Marli and Lacey in a burlap bag and drop them in a well” saying about the second crewmember, she “needs to go!” And she’s the one that was charged with defending her from dismissal. Regarding aving to speak with her about the case, the union rep wrote “I may hurl.”
And the union’s grievance chair described the comments at issue as “shitty” and discussed hoping for “[a]t least a suspension.”
Alaska did not initially delete the employee posts in their online forum. The Senior Vice President of People instead posted a substantive company response explaining that supporting the Equality Act concerned protection from discrimination and that employees were expected to live by Alaska’s values. However,
- Alaska then deleted both comments and closed commenting.
- They removed the airline’s existing three-strikes commenting policy, and revised their rules to prohibit religious or political opinions.
- Retiring CEO Brad Tilden expressed concern about the case that Alaska shouldn’t censor conservative Christian views.
At her disciplinary interview, the second flight attendant identified her post as Christian and religious, emphasized that she respected LGBTQ coworkers, expressed regret for the offense she caused, and requested an accommodation allowing her to express her beliefs. Her supervisor considered her sincere and recommended only a record of discussion with no discipline.
The airline fired her anyway, saying she equated LGBTQ people with sexual predators and violated anti-harassment and anti-discrimination policies. AFA filed a grievance but discouraged her from emphasizing religious discrimination. Alaska denied the grievance, and AFA declined arbitration.
The first flight attendant – whose comment was just a single sentence – didn’t say her comment arose from Christianity. She followed the union’s instruction and instead characterized it as philosophical, saying she avoided invoking religion because she feared that would make Alaska’s treatment of her worse. She had previous discipline, though – the prior year she circulated a “Depoliticizing Alaska Airlines” petition opposing Alaska’s Black Lives Matter advocacy and was suspended for 30 days and warned that further misconduct within 18 months could lead to termination.
The appeals court said that the district court was wrong to dismiss the overtly religious flight attendant’s case because she couldn’t identify a particular biblical passage or demonstrate that her beliefs were uniquely Christian. There’s no lergl requirement for chapter-and-verse authority or theological exclusivity.
For the other flight attendant, revivial of the case was 2-1 rather than unanimous – since she was already under an active disciplinary warning and she hadn’t argued during disciplinary proceedings that her post was religious in nature.
Regardless, the claims against the union were unanimously revived for both. AFA-CWA argued that the discharge was Alaska’s decision, but that doesn’t absolve them of good faith representation and state discrimination complaints are only preempted by the Railway Labor Act when they conflict.
Going forward, Alaska will say they punished workplace conduct not religious belief. The posts seem pretty tame as far as employee forums go, though. And their leadership did say employees lacked a right to believe LGBTQ rights were immoral. I disagree with these employees on that score.
I was hosting marriage equality events in D.C. back when Barack Obama and Hillary Clinton still publicly opposed the idea. But these union reps and airline executives seemingly have never head of the Wall Street Journal test, you don’t put anything in writing that you wouldn’t want on the from page of the Journal.
This all comes on the heels of a Southwest Airlines flight attendant winning $1 million and her job back after her union pushed to have her fired over statements made about her Christian beliefs.
Last year a gay Catholic United Airlines flight attendant won a settlement after being fired for questioning Pride Month and after the AFA-CWA union declined to defend him.
How we’ve changed as gays.
Back in the 90s, our mantra was “Love Wins”, Love and accept everyone & everything, and everyone has a right to believe what they want.
Now – Follow OUR WAY or we will shame you and get you fired.
Alaska should have never had that on Alaskasworld.com. And the union, sheesh. This is why we need to allow people to OPT out of paying dues.
haolenate got a good point on the union dues.
The union has obligation to help defend and being impartial. Furthermore dues already paid for so many years.
The two attendants should also ger dues refunded plus interest.
Yikes. Those reps obviously could’ve handled this better. And yet, an internal office message board really isn’t the ‘public square.’ Freedom of speech doesn’t mean ‘freedom’ to trash your colleagues while at work. Still, Alaska Airlines, the company, is supposed to prevent a hostile work environment.
Instead of appreciating all that nuance, we’re gonna get a lot junk for the usuals summarily claiming all-unions-bad. No, the outliers and specific incidents of misbehavior like this are the problem (just like when there’s an on-board brawl; not all passengers are in Fight Club…). But, sure, support a giant corporation’s management over all the workers just because it’s convenient for your politics.
It’s sick that they were fired over expressing their moral beliefs, the goons at the union and gay lobby love strong arming their debased views on everyone who actually sticks to their moral beliefs…sad
I once held the belief that Alaska and Southwest Airlines were right of center, American and Delta were in the middle, and United was left of center.
May have to reconsider.
Everything is over the top. When I told liberal friends I was against some of Kamala Harris’s policies, I was screamed at for being racist and sexist. They didn’t want to hear why I felt that way. When I told conservative friends I didn’t like Trump’s wild posts, they yelled I had Trump Derangement Syndrome without listening. And so it is with gay policies. What two consenting adults do in their home is none of my business. Guess that makes me anti-gay.
When I first moved to Alaska in the late 90s, and flew AS, they had Bible verses on the napkins. How far they have come.
I really think we need to end these religious exceptions to being kind to one another. Just because you follow a religion doesn’t mean you get to be a jerk to others.
Hope these hateful people can find work somewhere else that aligns with their radical beliefs.
All airlines are very right of center. All corporations are right of center. No such thing as a “left of center” or even “center” corporation.
They violate a number of their Constitutional rights. Why does a small minute 1.5% of the population get more rights than the rest?
@Larry — Preach!
I do not want to work with a religious bigot who not only has these ideas what expresses them in public.
@ Winston – At least one of them found a new job, she’s with Southwest Airlines now. Maybe a better fit.
Nobody is saying these women can’t hate whoever they want on their own time. When you come to work you leave your religious and political views at home. You don’t have to love anyone you work with or even the people you’re there to serve. You don’t get to impose your own religious beliefs on others. If you believe you do then you better be ready to accept other people imposing their own religious beliefs on you.
@Bruce – it’s not about “what two consenting adults do in their own home”. It’s way deeper than that. I don’t want to know about straight peoples sex lives. As a gay person I should feel 100% comfortable walking around town holding my partners hand, or kissing them lightly as we say goodbye. We don’t live in that world, however. I also shouldn’t have to worry about losing my job because I have a same sex spouse, yet people have and do. I also should be able to count on my children receiving the same treatment as any straight couples if they need medical help or in their school. It’s not always the case. So what i do in my home is my business, but it’s not always that simple. These women subscribe to your theory – keep it in your home.
AFA-CWA is the worst and should be dismantled.
There’s no hate like Christian “love”.
I’m sure Donny Dipshit will have a say in this matter and make them martyrs.
Hopefully the courts will address the miscreants and take action against them. As a union member, I was acutely aware that the union was not on my side much of the time. However, they still did good work some of the time.
The airline “”invited employees to comment on its support for the proposed federal Equality Act” and then fired employees for doing just that.
They should be rehired, with some multiple of their back wages, and additional financial penalties to to airline and union.
@Timoro – I am openly gay and could not possibly disagree with you more. Bro, it’s 2026, not 1985. Sure, there are isolated and rare instances of discrimination (I have suffered from some), but that’s life. The vast majority of people I encounter in my daily life are either extremely supportive or indifferent. Unless you’re in extreme rural bumbleville, very few people these days care if you hold hands in public or peck your partner goodbye at the airport or whatever. And guess what? As long as we are married, you and I have the SAME EXACT RIGHTS as heterosexual couples at the hospital or anywhere else in this country for that matter. Have you been to a gay bar in a major US city lately? Half the people in there are straight women. They are quite often joined by their straight boyfriends or husbands. Please stop playing the victim narrative. It absolutely made sense 30 years ago but it doesn’t really hold water today.
@Mike Hunt think he’s ‘one of the good ones’ and that the ‘leopards won’t eat his face.’ And, maybe, he is indeed that lucky. (Happy for you!) But, Mike, if that is even your name (legally, mine is ‘1990’ … *wink wink*), c’mon, bigotry is on the rise, all-sides, and when it comes to targeting certain vulnerable groups, that train is never late. Lest we forget the paradox of intolerance…
@1990 – While I hate throwing you the attention you so desperately crave by responding, you’re not gay and have no personal, first-hand frame of reference here. So why not STFU and leave it to those of us who have the actual lived experience? I realize your leftist group identity boner is hard as a rock in this context, but I’d appreciate it if you could exercise the self control to stay in your lane for once.
@Mike Hunt — *reels in the line a little* …I don’t think I’ve ever shared my sexual orientation on here, but, yeah, I suppose four-random-digits are likely a-sexual, no? *reels in a little more* I mean, numbers/years are inanimate, abstract concepts, so, could they have genders, too? *holds line* (come, fishy fishy…)
Let’s imagine Alex thinks woman should be treated as second-class citizens and/or property. Alex is the CEO of an airline, and, during a interview responds to a question about single female pax, Alex states they shouldn’t be traveling alone. Alex, rightly, gets fired. Now, Alex claims that he is devout in an Abrahamic religion, all of which embrace some female-hating things. Thus, this is religious discrimation. To this, I say BS. If it’s wrong, it’s wrong. It makes no difference if Alex is or isn’t religious.
That said, this is an observation in general. So, to this case, I offer no opinion in this post. Except, the outcome should not IMHO be based on whether their beliefs align to some religion.
@1990 – Um, sorry, but you have most certainly insinuated rather strongly that you are heterosexual across multiple posts on this forum. This fishy ain’t biting.
@Mike Hunt — Catch and release?
Is anyone on this blog surprised by the pathetic and highly offensive 1990 post that blamed the victims (employees who were fired) and shamelessly supported the union thugs at Alaska?!? Every time I think to myself ‘There is no way 1990 can lower himself/sheself/theyself/itself into a deeper moral sewer’, 1990 does it again. You have earned the scorn and mockery.
@Timori – you are a poster child for the intolerant left. What makes you think these 2 FAs “hate” gays? You call them racist and intolerant with no proof. Just because someone posts their opinion about an issue doesn’t make them evil. BTW everyone will never agree with you on everything so get over yourself
I am disappointed at the way Alaska handled this but will continue to use the Atmos card when I travel outside the country.
@ Mike Hunt. Well stated, I think you delivered one of the better ass kickings.
I find it strange that American have very strong opinions about sexual orientations. I used to think the USA was the beacon of freedom where people can do whatever and be whatever as long as it’s not illegal. Every movie we saw back then presented gay people as free and universally accepted. No hate towards either side. Many of my gay friends in high school even talked about wanted to go live in USA because gay life in USA looked so exciting and free unlike in Thailand where gay life was kinda boring.
Then the internet became a thing and the interaction between gay people and religious groups are eye-opening. Some people in USA can be very bigot againt gay people.
Having said that, I also think many gay people in USA try too hard to be seen/heard/accepted which ironically makes them look much less acceptable to people who are on the fence. The thing I find most strange is gender fluid. Why? Choose one and stick with it.
The one I facepalm though, those who identify as animals. I mean, come on.
And the pronoun thing, it gets out of hands.
Seeing the interactions between both sides makes me realise how easy gay people in Thailand have it. They are everywhere. They are on TV, Youtube, Facebook, TikTok, etc. Nobody say they are going to hell for liking a person of same sex. They can tell people at work who they are without worrying they would be discriminated againt. In fact, they are often the delight of workplace. They can be fun and people love them.
They can act whatever, wear whatever, hug whoever, hold hand with whomever and nobody cares – or maybe sometimes care because a little jealous of them XD
Trans women can use lady toilets in Thailand. If they dress like women, nobody cares.
Likewise, trans men can use men toilets.
Rule of thubm is: If they dress like woman, use lady toilet. If they dress like men, use men toilet. If they dress with simple t-shirt and shorts but have long hair and looks faminine enough they can use lady toilet and the ladies in there won’t care.
I mean, why make life so hard overthere.
I don’t understand this, the employer invited employees to comment on an employee intranet and then used those comments against them? Without any evidence that the employees actually discriminated against anyone? (In a workplace location where all genders use the same bathrooms, and survive). Shouldn’t the request for comments come with a warning that your ‘speech’ can be held against you?
Seems like the union threw the now former employees who are now plaintiffs under the bus. That smells like malfeasance on the part of the union.
This decision was a battle but not the war. I hope the plaintiffs win their case, get awarded back pay with interest, punitive damages from both the Airline and the Union, and reinstatement to their former jobs complete with seniority and benefits they would have accrued had they not been sacked from their jobs.