Ninth Circuit Revives Religious Discrimination Lawsuit Against Alaska Airlines

Pacific Justice Institute-supported appeal moves forward after court finds employees are entitled to present their religious discrimination claims to a jury

SAN FRANCISCO, Calif. - The U.S. Court of Appeals for the Ninth Circuit has revived a religious discrimination lawsuit against Alaska Airlines and the Association of Flight Attendants-CWA (AFA), ruling that two former flight attendants presented sufficient evidence for a jury to determine whether they were terminated because of their sincerely held Christian beliefs.

Pacific Justice Institute (PJI) filed an amicus brief supporting the employees, arguing that Title VII of the Civil Rights Act of 1964 protects workers from religious discrimination in the workplace.

The case, Brown v. Alaska Airlines, Inc., arose after former flight attendants Marli Brown and Lacey Smith responded to an Alaska Airlines post on the company's internal employee message board expressing support for the proposed Equality Act. According to the Ninth Circuit's opinion, Brown expressed concerns that the legislation threatened religious liberty and conscience protections, while Smith questioned whether "it's possible to regulate morality."

Following an internal investigation, both employees were terminated. The district court dismissed their claims, but the Ninth Circuit reversed that decision and sent the case back for trial.

In reversing the lower court, the Ninth Circuit held that a reasonable jury could conclude Alaska Airlines terminated Brown because of her religious beliefs rather than for violating company policies. The court also found genuine disputes of material fact regarding whether both employees were subjected to unlawful religious discrimination under Title VII.

The Ninth Circuit's opinion also recounts several internal communications that the court concluded could support an inference of religious hostility.

According to the opinion, an attorney in Alaska Airlines' legal department wrote, "Employees actually do not have the right to believe that LGBTQ rights are 'immoral,'" to which a company vice president replied, "I 100% agree."

The opinion further recounts internal communications from union leadership, including statements describing one employee as a "bigot," expressing that "there should be repercussions," stating that management "needs to send [Smith's] bigoted ass packing," and another union official writing, "Can we PLEASE get someone to shut down comments, or put

Marli and Lacey in a burlap bag and drop them in a well."

The Ninth Circuit concluded that a jury could consider these statements when determining whether unlawful religious discrimination occurred.

Brad Dacus, president and founder of Pacific Justice Institute, said the ruling reinforces an essential principle of religious liberty.

"No American should have to choose between keeping a job and remaining faithful to sincerely held religious beliefs. The Ninth Circuit rightly recognized that these employees deserve the opportunity to present their claims before a jury. Religious freedom does not end at the workplace, and employers must respect the rights guaranteed under federal law."

Katherine Hartley, an attorney with Pacific Justice Institute who authored PJI's amicus brief, added:

"This decision reaffirms that Title VII protects employees from religious discrimination and that courts must carefully examine whether an employer's stated reasons for termination are genuine or merely a pretext for discrimination. We are grateful the Ninth Circuit recognized that these important issues deserve to be decided by a jury."

The case now returns to the district court for further proceedings.

The plaintiffs in this case are represented by First Liberty Institute, which serves as counsel of record for the employees throughout the litigation. Pacific Justice Institute participated in the case by filing an amicus brief in support of the employees' religious liberty claims.

Pacific Justice Institute continues to defend religious liberty, parental rights, free speech, and other constitutional freedoms through litigation and amicus advocacy in courts across the nation. Learn more about Pacific Justice Institute's work: WWW.PJI.ORG.

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