Many Americans have concerns over the potential impact of the so-called “Equality Act,” a bill considered by Congress that would seriously threaten the religious liberty rights of any citizen who dissents from the government’s sexual orthodoxy. So divisive is the legislation that it languished for months in the U.S. Senate without the votes to pass.
And many more Americans have concerns about workplace corporate cancel culture that silences or fires employees who hold traditional religious beliefs on moral issues.
In early 2021, Alaska Airlines announced its support for the Equality Act on a company forum, inviting employees to comment and ask questions. Flight attendant Lacey Smith posted a question, asking, “As a company, do you think it’s possible to regulate morality?”
In the same forum another flight attendant, Marli Brown, asked, “Does Alaska support: endangering the Church, encouraging suppression of religious freedom, obliterating women rights and parental rights?” Her post continued to explain her religious concerns about the dangers to women’s safe spaces posed by the Equality Act.
Both clients were subsequently investigated, questioned by airline authorities, and fired from their jobs.
In its notice of discharge to Lacey, Alaska Airlines claimed, “Defining gender identity or sexual orientation as a moral issue” is “a discriminatory statement.” Marli’s notice of discharge stated that her posting was “hateful,” “offensive,” and “discriminatory.”
Both our clients are firmly committed to equality and diversity, always seeking to treat others with kindness and respect. They each simply sought clarification of the airlines’ position on a particular piece of legislation, yet after posting concerns shared by millions of Americans – including many in Congress – they were fired.
In its complaints to the EEOC, First Liberty attorneys state that by firing both flight attendants, “Alaska Airlines discriminated against them on the basis of religion, perpetuated a hostile work environment, failed to grant them a religious accommodation allowing them to express their opinions on the same basis as other protected classes, and retaliated against [them].”
In May 2022, First Liberty Institute filed a federal lawsuit on behalf of Marli and Lacey. Then, In January 2024, First Liberty Institute and the Ard Law Group filed a motion for summary judgment.
Court documents revealed the extent of the union’s involvement. Union MEC President reported the flight attendants’ comments to Alaska Airlines leadership. In a company chat among union representatives, one stated, “Can we PLEASE get someone to shut down comments, or put Marli and Lacey in a burlap bag and drop them in a well.” Union representatives repeatedly disparaged the flight attendants, calling them “bigots” and “pukes.” Referring to Lacey, the Union President said, “I hate her.”
In addition, Alaska Airlines’ decision to fire Marli and Lacey was in sharp contrast with how it treated allegations of anti-Christian discrimination or harassment. When a flight attendant was accused of anti-Christian “hate speech” and making a “threat of violence” (“Any Christian that thinks like this should have their teeth kicked in!”) on his social media using the Alaska Airlines logo for his social media cover photos, he was given the lowest level of discipline.
Alaska Airlines VP of Inflight testified that an employee’s use of the term “opposite sex” violates the Airlines’ discrimination policy because that implies that there are only two sexes.
In May 2024, a federal Judge in Seattle granted summary judgment against Lacey and Marli, preventing them from presenting their case to a jury. But in October 2024, First Liberty appealed that decision to the U.S. Court of Appeals for the Ninth Circuit.
“Americans are being fired for their religious beliefs, and it is chilling that a court of law would condone this. We are asking the Ninth Circuit to reverse the lower court’s decision,” said Stephanie Taub, Senior Counsel at First Liberty Institute. “Disregarding federal civil rights laws that protect people of faith from discrimination, Alaska Airlines canceled our clients and the flight attendants’ union betrayed their trust. We will continue to fight for our clients until Alaska Airlines and the Association of Flight Attendants are held accountable, and American employees are safe from discrimination.”
News Release
For Immediate Release: 10.10.24
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4454
Flight Attendants Fired by Alaska Airlines Appeal to Ninth Circuit
Two flight attendants fight back after being fired for voicing concerns about the Equality Act’s impact on women and people of faith on internal messaging board.
San Francisco, CA— First Liberty Institute asked the U.S. Court of Appeals for the Ninth Circuit to reverse a lower court decision that dismissed a lawsuit filed by two flight attendants against Alaska Airlines. The lawsuit alleged the airline terminated them because of their religious beliefs related to the Equality Act. The lawsuit also claims the Association of Flight Attendants union failed to uphold its responsibility to defend the plaintiffs because of their religious beliefs.
You can read the brief here.
“Americans are being fired for their religious beliefs, and it is chilling that a court of law would condone this. We are asking the Ninth Circuit to reverse the lower court’s decision,” said Stephanie Taub, Senior Counsel at First Liberty Institute. “Disregarding federal civil rights laws that protect people of faith from discrimination, Alaska Airlines canceled our clients and the flight attendants’ union betrayed their trust. We will continue to fight for our clients until Alaska Airlines and the Association of Flight Attendants are held accountable, and American employees are safe from discrimination.”
In early 2021, Alaska Airlines announced its support for the Equality Act on an internal employee message board and invited employees to comment. Lacey posted a question, asking, “As a company, do you think it is possible to regulate morality?” In the same forum, the second flight attendant asked, “Does Alaska support: endangering the Church, encouraging suppression of religious freedom, obliterating women rights and parental rights? ….” Both plaintiffs, who had exemplary records as employees, were subsequently investigated, questioned by airline authorities, and fired from their jobs.
When it fired them, the Airline said the flight attendants’ comments were “discriminatory,” “hateful,” and “offensive.” In its notice of discharge to Ms. Smith, Alaska Airlines claimed, “Defining gender identity or sexual orientation as a moral issue” is “a discriminatory statement.”
In the brief, First Liberty attorneys state, “The lower court erred, as a matter of law, by incorrectly defining the scope of religious discrimination and misapplying legal standards to evaluate the evidence. Although Title VII forbids discrimination based upon any aspect of religious belief, practice, or observance, the court excused discrimination based upon religious comments. Plaintiffs presented sufficient evidence for a reasonable jury to find that the Airline fired Plaintiffs (and the Union attempted to get Plaintiffs fired) because of comments that expressed or revealed their religious beliefs.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972- 941-4454.