A flight attendant has her job back, and nearly $1 million, after Southwest Airlines and her union worked together to fire her over her union and religious politics.
Southwest Airlines flight attendant Charlene Carter has just been paid by the airline and the Transport Workers Union. And Southwest has reinstated her, after improperly firing her at the behest of the union.
Carter was a ‘nonmember objector’ who had resigned union membership. She still had to pay some union dues for their representation. But she objected, among other things, to how the union was spending her dues such as its involvement in the 2017 Women’s March and support for abortion – which ran contrary to her religious beliefs.
- She sent the union President private Facebook messages that were graphic about abortion, and publicly criticized the union’s participation in the march. She supported a recall of union officers.
- The union President reported the messages to Southwest as disturbing, obscene, violent, threatening, and harassing – in violation of the airline’s social media rules.
- Southwest fired Carter in March 2017, citing workplace bullying and social media policy violations.
Carter grieved the firing. Southwest offered reinstatement with a 30-day suspension and a last-chance confidential settlement agreement. She sued Southwest and TWU Local 556 for religious discrimination as well as a union duty of fair representation violation.
A jury found for her. The district court awarded reinstatement, backpay, compensatory and punitive damages, interest, and broad injunctive relief. It also later held Southwest in contempt, because it required the airline to notify employees that it may not discriminate and the airline instead says that it “does not discriminate.”
Southwest did win its claim that the evidence failed to prove they fired her because of her religious and pro-life beliefs as such. But the Fifth Circuit Court of Appeals affirmed that her messages and posts about abortion were religious expression, that Southwest had not attempted a religious accommodation rather than firing her, and Southwest wouldn’t have had an undue hardship in accommodating her anti-abortion expression.
The union lost across the board. The Appeals Court found that Local 556, acting through union president, improperly pushed Southwest’s disciplinary process against Carter.
- The union caused her discharge because of her sincerely held religious beliefs
- They treated her less favorably than other employees for the same reason
The union argued that they weren’t the ones who fired her, and merely “attempting to cause” an adverse action was not enough. The Fifth Circuit rejected that, because Title VII expressly bars a union from causing or attempting to cause an employer to discriminate. So even if Southwest made the final firing decision, the union was still liable for trying to get Southwest to take discriminatory action.
As exclusive representative, Local 556 owed Carter a duty to represent all flight attendants, members and nonmembers alike, without hostility or discrimination, with good faith and honesty, and without arbitrary conduct. The jury was persuaded that the union President reported her to Southwest:
- out of personal animosity toward her anti-union speech
- because of her nonmember agency-fee objector status
- and due to her support for the recall effort.
The union argued that Carter’s Facebook messages were not protected activity because they were abusive or insulting. The Fifth Circuit said that for the duty-of-fair-representation claim, the relevant issue was whether Stone’s reporting was arbitrary, discriminatory, or in bad faith, not whether Carter’s own messages independently counted as protected organizing activity.
Effectively, the union weaponized Carter’s religious and anti-union criticism by reporting it through official channels to Southwest, trying to cause religiously discriminatory discipline, treating her worse because of her religious expression, failing to accommodate that religious expression, retaliating under the Railway Labor Act, and breaching its duty to represent her fairly.
The original jury verdict was roughly $5.1 million: more than $4 million against Southwest and $950,000 against the union. That was reduced by statutory caps and the district court’s post-verdict judgment. She ultimately received $946,102.87.
- Compensatory/punitive damages from Southwest: $300,000.00
- Compensatory/punitive damages from Local 556: $300,000.00
- Back pay: $150,000.00, plus pre-judgment interest on backpay $60,180.82 and post-judgment interest $135,922.05
Southwest paid Carter $150,000 in backpay and $323,051.44 for interest plus Southwest’s damages share, for a Southwest total of $473,051.44. Carter’s counsel confirms that she received the full balance from the union as well.
Typical Union Thuggery, all unions are good for nothing…..glad she won.
I think this flight attendant performed a public service by declining the 30-day suspension and a last-chance confidential settlement, which likely would have included a nondisclosure agreement. Let the facts speak for themselves in open court.
First of all, this is not Englsih (and it is grievously inelegant): “Carter grieved the firing.” Hire a copy editor, please. What you mean to say, i can only guess, is that “Carter filed a grievance with the union in connexion with her sacking.”
The moral of this story for Southwest is not to hire troublemakers, and now that people fail to keep their personal opinions private (shouting out their prejudices for the entire world to see on the social media), that shouldn’t be too hard.
When I worked for Pan Am, I helped a few times with inflight recruiting. They interviewed a really terrific girl, poised, pleasant, gracious, but didn’t even invite her back for the third round because of her “odd” haircut. The recruiter I queried told me that a thing like that is a warning of conduct troubles ahead. I do not know if she was right, but we had no behavioural problems in our crews, unlike the hostile and abrasive sky witches you now find (barring access to the galleys with homemade barriers — sheesh how devolved can you be?).
Huh, so the Fifth Circuit (Texas) supports a ruling against a union and for religious (Christian) freedom. Hmm, what if it were a different ‘religion’ or no religion at all?
If I recall correctly, this was the case where the federal judge ordered Southwest’s lawyers to attend ‘religious liberty training…’
Anyway, how nice for this individual. $946K… (Wonder how much the attorneys made…)
Will birth control become the next battlefront? Despite earlier.promises from conservative lawmakers, the administration is moving toward this.
Derek – grieve is a verb, so the grammar is correct. Per Merriam-Webster dictionary, “to grieve” – to submit a formal grievance concerning a dismissal.
@Maryland — I’d be more concerned that they try to overturn the 19th Amendment… directly or indirectly. The ruling today (Callais) is a very bad sign. Drunk with power.
Hooray for her. Unions no longer represent the best workers, they represent the lowest common denominator. I was on a local school board when two teachers were fired for getting into a fist fight during lunch, in the cafeteria, in front of students. One was hospitalized with a broken jaw. The superintendent recommended their termination and the union advocated for their reinstatement. Fortunately, the superintendent prevailed. Any wonder American educational performance is dropping faster than the stock market in 1929?
@ 1990. I have been expecting the 19th amendment was in trouble when campaigning he said women should not need to vote again. Suits the agenda.
@1990 – This sounds like your argument on another post:
“The union argued that they weren’t the ones who fired her, and merely “attempting to cause” an adverse action was not enough. The Fifth Circuit rejected that, because Title VII expressly bars a union from causing or attempting to cause an employer to discriminate. So even if Southwest made the final firing decision, the union was still be liable for trying to get Southwest to take discriminatory action.”
I’m telling you, the dems / libs / communists are a cult. If you don’t follow the party line, then we will get rid of you one way or the other. I know you see it differently, but then again dems / libs / communists never take responsibility just blame 47.
Like herpes…unions are the gift that keeps on taking! Seems like they’re gonna have to give some back now! Good for her regardless of how much the attorneys make! All states should be “right to work” states. Boeing and Airbus have figured that out!
The use of “to grieve” is correct. But DANG is it fun watching the comments get swamped with a grammar/vocab fight!
@Michael Mainello — You said: “we will get rid of you one way or the other” … See, that’s where we differ. Bigly/Big League. I don’t seek to ‘get rid’ of my fellow citizens, nor should you/anyone.
@Maryland — And that Project 2025 ‘agenda’ will ultimately fail, so there needs to be truth and reconciliation and renewal of our American ideals thereafter.
Charlene texted me earlier this month that Southwest was not going to take the case to SCOTUS. I was wrongfully terminated myself from Southwest when 2 TWU 555 reps at a small South Carolina station I worked at created a Toxic Work Environment and when I stood up to these 2 POS they flipped the script on me and I was denied my Weingarten Rights . I filed Hostile Work environment charges against Southwest which they never followed up with despite 20 plus fellow employees wrote testimonials on my behalf. I took my case to EEOC and EEOC ruled in my favor. TWU 555 never followed up with these 2 thugs that to this day are still there and protect the Cool Kids while everyone else is garbage. The Station Manager for Southwest was useless and to this day is a puppet to these 2 Union reps. Southwest Airlines reopened my Termination case in 2022 but they never followed up with me. I’m very happy for Charlene and we both suffered from PTSD from this but with the help of God and good friends we both overcame it . I worked nearly 17 yrs for Southwest and at one time it was such a great company to work for but unfortunately they abide by double and triple standards of rules and policies. Southwest Airlines Leadership is never ever held accountable and the Holiday meltdown in 2022 proved that. Elliott was able to get rid of some of the trash at The Palace ( Headquarters ) but not enough.
I noticed that some of you that have blasted this woman with criticism are very unjustified is doing it. She was a non union member and still REQUIRED to pay some dues. They then used the money for things against her personal religious beliefs. She rights a private disagree on Facebook which means only the person she was writing, sees it. The real whiner here is the Union. They supported it and she showed them why she was against it. The person getting the email needs to grow up and learn to expect disagreement. It cost them and the airlines a lot. You know the airline knew they were wrong when they offered a settlement. They tried to cut their loses.
@1990 – You are having a bad day. All your rebuttals just fall flat and smell like a$$.
@Michael Mainello — Bah! As André 3000 says… ‘lean a little bit closer, see… roses really smell like…’
@1990 aka André 3000
None of these events would have occurred in a free society, and the dispute would be settled between the employer and the worker. As it should be.
I don’t even know why this is an argument he was required to spend her hard-earned money on dues for the union she didn’t have a choice she had to pay those . Now say you don’t drink and I come over to your house and take your hard-earned money you don’t have a choice I just took it and I go spend it on alcohol you will get upset you would object. So she is absolutely right it was her money and she didn’t like the way they were spending it. She had a right to voice that the little childish president guy of the Union acting like some kind of second grader on a sugar rush that stupid about it and did something to get her fired and her livelihood taken away. He’s downright stupidity and narcissism was above and beyond the call of duty. I think he should have lost his job as the president of the Union because obviously he’s not mature enough to hold that spot and a union is just that for the workers they shouldn’t have an opinion on abortion our animal rights are any other issues that we all talk about daily because that’s not their place to support or represent anything other than the transportation workers. Grow up people just grow up.
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Good keep it up. The human trash we call the left think all of life is a one way street. Sue sue sue. It’s like myself as a minority. Offend me I will let you know and I won’t quit till a proper settlement is reached. FAFO. Its 2026.
TO GOD BE THE GLORRYY ! The Bible says people will persecute you just for doing what’s right. However, The Lord promises victory over our enemies in this life and in the life to come. THANK YOU JESUS FOR VENDICATING YOUR DAUGHTER!
@1990
I think if the flight attendant were a Muslim and pro-choice and was fired officially for privately sending explicit pictures of aborted fetuses, but was actually fired for opposing the union, the 5th circuit would have easily sided with this Muslim flight attendant as well. I see nothing in conflict with their values.
Do you disagree, how so?
@Derek… when you jump in to criticize someone’s grammar, you might want to try using spell check. “First of all, this is not Englsih”…lol, no it’s not.
That’s bullshit. Your religion doesn’t give you the right to send “disturbing, obscene, violent, threatening, and harassing” messages. Unfortunately Republicans are doing their best to turn back the clock and make life miserable for anyone who doesn’t subscribe to their religious views.
@Mike P — LOL… “settled” how?
@Michael Mainello — ‘boo-boo-ooh…’
@BA — Referring to your fellow humans as ‘trash’ probably isn’t a winning message.
@UBtraveler — Title VII is supposed to protect all religions equally. However, you assume that judicial outcomes are driven by values, not the law, which would undermine the integrity of the court… by all means, if you have that particular case, bring it, and let’s all find out together!
@Patrick – grow up and become an adult oh that is right you are dem / lib / communist. You believe everyone must agree with your position or that person is a fascist. Your idea of compromise is every one agrees with you and if not send that person off to re-education camp.
“settled” how?”
How would I know? As I wrote, it would be between the employer and the worker to determine the outcome.
@Michael Mainello — Nah, @Patrick seems to be the mature one. You’re the one throwing a fit, calling people silly names that don’t apply. If anything, Patrick is actually defending religious freedom, including freedom from religion.
@Mike P — And, so, how do you think that ‘freedom’ would impact the bargaining disparities between those parties (a large corporation vs. individual worker)?
@1990 – I see you are still off today. Threatening free speech is considered good. OK I guess that is the dem / lib / communist way.
@Michael Mainello — Masterclass in projection, sir. Also, you may be conflating ‘free speech’ (and religion) with ‘freedom from all consequences’… which, for better or worse, we don’t have in our Constitution (unless you’re this particular President, per the Supreme Court since July 1, 2024.)
@1990 – Up is down, left is right, racist democrats are now free the slave republicans.
Gotcha – I hear the steak tastes good in the matrix.
@Michael Mainello — Holy spatial disorientation, Batman! Rely on your instruments. Sheesh.
@1990 – Yes sir, I will follow the orders of my leaders, beep boop.
Everything you say is correct, beep boop.
No dissention or deviation of thought authorized, beep boop.
Awaiting instruction from leaders, beep boop.
Entering standby mode.
@Derek McGillicuddy,
“Yes, “grieved,” is proper grammar. As a former union rep, we regularly, “grieved,” contractual violations. Even opposing counsel used the term, it’s in the union contract, and I’ve seen it used in labor law legislation. I’m as picky about grammar as the next person, but you’re totally wrong. And, as another poster remarked, if you’re going to critique Gary then at least be able to spell correctly, yourself (connexion, Englsih).
Pot, kettle calling.
A hard fought battle won. Outstanding!
I also ahgree that tha story needs proof wreading. If god is real in your world, did he-she invent death? I am confoosed … What wuz your last mammory in the woomb? I dont member anyfing, so how is it wrong to kill a babie that i made with my ding dong? me doing baby murder ta MY BABY Haz nuffing to do with you. Same thing, if God wants to be a fag, isnt that his right to be a limp wrist? God made trannys so I think low key, Jesus was sent to sniff man butt while cleanign der foots in the river. John the baptist used to give back hickies to Jesus. I know because jesus is my neighbor and walks passed my window making fish lips at mee. He dont sepak no english doh because he is frum one of those mexico placezs
Its a sad day when many who claim to be the ‘liberators’ of those without a voice don’t believe in the voice of everyone.
True freedom is when we can have free speech – including that which we don’t always agree with- and understand others may not agree or believe the same way we do. AND THAT’S PERFECLTY FINE.
I’m thrilled she won.
I’m glad Charlene Carter ended up winning her case and I’m glad she has her job back. I wonder how Southwest is treating her now that she was reinstated to her position. Unfortunately Southwest has become the same proverbial dumpster fire that all other air carriers have become with the end of two bags fly free and the end of open seating.
Texas, you expect justice in a religious case??
I would side with her except for the images she sent. I consider such conduct unacceptable, the mere fact that it was religiously motivated doesn’t somehow make it acceptable. Thus I consider her harm self inflicted and wouldn’t give her a penny.