Brown v. Alaska Airlines

October 18, 2024

Summary of facts: Alaska Airlines posted on its internal company website its support for the Equality Act, a Congressional bill that would have prohibited companies from discriminating on the basis of “sexual orientation” and “gender identity.” The company promised that it welcomed questions and invited people to express their different perspectives on its website. Two flight attendants commented about the proposed legislation’s risk to religious freedom and about the danger of opening up women’s restrooms in a way that could be exploited by predators. Alaska Airlines called the comments discriminatory and fired both flight attendants. The flight attendants sued the company in federal court under Title VII of the 1964 Civil Rights Act. Discovery revealed hostility by Alaska Airlines management toward the former employees. The district court ruled for the airline, finding that it was protecting other employees from hearing offensive ideas. The court also found that the flight attendants’ comments were not protected by Title VII because they were not “religious,” in that not all Christians shared their views and that they merely reflected general ethical principles. The flight attendants are now appealing to the U.S. Court of Appeals for the Ninth Circuit.

RFI position: The district court’s narrow view that religious beliefs are not protected if they are not shared by all members of a religious community or if they are shared by other religions or concern universal human precepts, departs from well-established law. Title VII’s protection is not limited to beliefs that are shared by all members of a religious community. Likewise, sincerely held beliefs that parallel the beliefs of other religions or are claimed to be universal also enjoy protection under Title VII. The district court’s narrow interpretation of Title VII would have serious negative ramifications for people of all faiths.

Read the amicus brief here.