The U.S. Court of Appeals for the Ninth Circuit has handed down a stinging rebuke to both Alaska Airlines and the Association of Flight Attendants (AFA), ruling that the union actively helped the airline fire two flight attendants because of their religious beliefs. The decision underscores a fundamental betrayal of the union's core mission—and a clear violation of Title VII of the Civil Rights Act.
In early 2021, flight attendants Marli Brown and Lacey Smith were fired after posting comments on an internal airline forum expressing faith-based concerns about the Equality Act, a bill that would amend federal law to open women's spaces to individuals based on gender identity and weaken the Religious Freedom Restoration Act. The airline had invited feedback on the forum, but when Brown and Smith offered their views, management moved to terminate them.
Rather than defend its dues-paying members from what should have been a clear case of religious discrimination, the union leadership joined the company in targeting them. According to the Ninth Circuit's opinion, the union's president personally alerted Alaska Airlines executives to the flight attendants' comments and coordinated with management on the response. Union representatives privately derided Brown and Smith as “bigots” and “pukes,” and one representative asked in an internal message, “Can we PLEASE get someone to shut down comments, or put Marli and Lacey in a burlap bag and drop them in a well?”
During oral arguments, one judge remarked to the union's lawyer that the evidence was “really, really bad for you.” Indeed, the record showed that the AFA not only failed to raise concerns about religious discrimination but actively conspired with the employer to purge the women. Title VII of the Civil Rights Act of 1964 explicitly prohibits labor organizations from discriminating against members based on religion, causing an employer to discriminate, or knowingly acquiescing in discriminatory practices.
The unanimous three-judge panel found sufficient evidence to send the case to a jury, rejecting the union's attempt to shield itself. The court noted that a jury could view the union representatives' actions “as additional evidence that AFA personnel harbored general disagreement with [the] religious beliefs, which may have affected their representation in the disciplinary process.”
This case is a stark reminder that unions are not above the law. Workers who pay union dues do not surrender their civil rights at the workplace door. The Equal Employment Opportunity Commission has long held that unions may not “knowingly acquiesce in employment discrimination against their members, join or tolerate employers' discriminatory practices, or discriminatorily refuse to represent employees' interests.” Here, the union did all three.
The implications of the ruling extend far beyond Alaska Airlines. It sends a clear message to labor organizations across the country: corporate diversity initiatives cannot be used as a pretext to silence religious employees. As unions continue to struggle with membership retention in the aftermath of the Janus decision, this case illustrates the consequences when they prioritize political conformity over their legal duty to represent all members.
Becky Dummermuth, Senior Counsel for First Liberty Institute, which represented the flight attendants, said the decision affirms that “labor organizations cannot use progressive corporate initiatives as a smokescreen to strip religious employees of their livelihoods.” The case now heads to trial, where a jury will decide damages.
For workers in unionized workplaces, the ruling offers a measure of protection: their faith cannot be a grounds for retaliation, even if union leaders find their beliefs inconvenient. And for unions themselves, it is a warning that betraying their members' trust carries legal consequences—not just political ones.
