Charlene Carter defends court win over firing linked to religious views

Richard J. Clair | Corporate Counsel and Staff Attorney (1993-Present) | NRTWLD&EF, Inc

By Sky Industry News

Nov 15, 2024

Despite facing the legal teams of Southwest Airlines and the Transport Workers Union (TWU), Charlene Carter, a former flight attendant, continues her legal battle over her termination in 2017. Carter's lawsuit claims she was fired for opposing TWU's political activities, which conflicted with her religious beliefs.

In recent developments, Foundation staff attorneys defended Carter's District Court victory at the Fifth Circuit Court of Appeals against appeals by TWU and Southwest. National Right to Work Foundation Vice President William Messenger stated that "Southwest and TWU union officials made Ms. Carter pay an unconscionable price just because she decided to speak out against the political activities of union officials in accordance with her deeply held religious beliefs."

During oral arguments, attorney Matt Gilliam argued that a Southwest agent admitted considering Carter’s religious beliefs in the termination decision. Gilliam emphasized that under Title VII, an employee’s religious beliefs cannot influence such decisions.

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Carter resigned from union membership in 2013 but continued paying fees to TWU Local 556 due to conditions set by the Railway Labor Act (RLA). The RLA allows firing employees who refuse to pay union fees but protects their rights to resign from membership and speak against unions.

Carter opposed TWU Local 556 President Audrey Stone’s use of dues for attending events like the Women’s March, sponsored by Planned Parenthood. She sent private messages criticizing these actions and supporting a recall effort against Stone. Following this, Southwest confronted Carter about her messages before terminating her employment.

In 2022, a jury sided with Carter after a trial where evidence showed union militants advocating for "targeted assassinations" of dissidents. Messenger stated they are proud to defend Carter but called for policy changes regarding union powers over workers.