Southwest Airlines and Free Speech

Bags Fly for Free, but Pro-life Speech Can’t Get off the Ground

Recently, Southwest Airlines paid Charlene Carter, a pro-life flight attendant, nearly $1 million after terminating her for expressing pro-life views. After the trial, the jury reached a verdict, and the federal District Court for the Northern District of Texas ordered Southwest Airlines and Transport Workers Union Local 556 to give Carter the maximum amount of compensatory and punitive damages permitted under federal law, plus back-pay and other forms of relief.

This decision was a pro-life victory as well as a freedom-of-speech triumph. Charlene Carter’s victory reflects the conclusion that she was illegally fired for two reasons: (1) because she opposed the political activities of the union hierarchy in supporting abortion, and (2) because she was discriminated against because of her religious beliefs.

More specifically, Charlene was fired from Southwest Airlines after she sent pro-life messages to the local Transport Workers Union in response to the union’s support for the 2017 pro-abortion Women’s March. Union opposition to Charlene arose from an overall labor-union environment in which union leaders nationwide have pursued political gains and power, often over the political, moral, and religious objections of rank-and-file workers.

Labor union leaders are frequently aligned with so-called progressive, left-leaning political groups. Unions have often sought to use dues to advance political purposes. Therefore, litigation designed to vindicate workers' interests is necessary. Consistent with this conclusion, the National Right to Work Legal Defense Foundation, a public-interest group, stands ready to challenge labor unions and employers to advance workers' free speech interests.

In this case, several events culminated in Carter’s termination from Southwest Airlines. First, Carter sent a message to the union leadership expressing her disapproval of the union’s support of abortion. More specifically, Carter, a pro-life Christian with two decades of employment at Southwest Airlines, objected to the local union president's use of union dues to attend a political rally sponsored by Planned Parenthood in Washington, D.C. Second, the union informed her employer of Carter’s message.

But of course, there is more. Evidence has surfaced showing that union members mocked Carter because she was unable to prevent her money from going to a pro-abortion cause. A union member called Carter an “incredibly dangerous” “cancerous tumor” that must be “eradicated whenever possible, or it spreads.”  The union member wrote that he favored “targeted assassinations,” a claim that appears consistent with labor unions’ history of violence in the United States.

Amazingly, but not surprisingly, Southwest Airlines took the labor union’s side on the question of abortion and terminated Carter.

Against this backdrop, the National Right to Work Legal Defense Foundation maintains that Carter, who resigned her union membership in 2013 but was still forced to pay fees to TWU Local 556 as a condition of employment, was entitled to protection under the Railway Labor Act. Legal protection includes her right to speak out against the union and its leadership. She is also entitled to advocate for a change in leadership.

Now, of course, after the verdict in favor of Charlene Carter, coupled with her reinstatement, Southwest Airlines and its labor union have learned the costs of their stubborn willingness to sacrifice employees’ legal rights to advance labor-union political preferences. Both defendants are liable for nearly $1 million in damages to Charlene Carter. Readers can be forgiven for wondering whether this sum is sufficient, given that this case commenced almost a decade ago.

In addition, the District Judge held Southwest in contempt for failing to comply with a court-ordered notice requiring it to notify all employees that their employment should be free from religious discrimination. The district court is still considering whether or not Southwest should face additional penalties.

All workers—particularly unionized employees—should take heart from this case. Neither employers nor labor unions, in conjunction with management, are free to violate employees' religious rights.

Historically, bags fly for free at Southwest; but now, more than ever, employees' freedom of speech can take flight as well.