Home » US Fifth Circuit stays order forcing Southwest Airline attorneys attend religious liberty training

US Fifth Circuit stays order forcing Southwest Airline attorneys attend religious liberty training

by Derek Andrews
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The US Courtroom of Appeals for the Fifth Circuit issued a stay Friday pending an enchantment of a decrease court docket contempt ruling requiring Southwest attorneys to bear non secular liberty coaching with a conservative particular curiosity group for his or her actions in a employee’s bias case.

The decrease court docket’s order stems from a contempt continuing in opposition to Southwest for failing to abide by a discover requirement in a non secular discrimination lawsuit from a Southwest flight attendant. Beforehand, Charlene Carter was fired for distributing graphic anti-abortion supplies to coworkers in furtherance of her non secular beliefs. The discover requirement demanded Southwest publish notices informing its employees that the corporate didn’t discriminate based mostly on non secular beliefs and informing them of their rights beneath the Railway Labor Act and Title VII.

Pursuant to the order, Southwest emailed the decision to flight attendants along with posting the paperwork in all flight attendant break rooms. Southwest additionally printed “an inner memo stating that Southwest believed Carter’s messages had been ‘inappropriate, harassing, and offensive,’ ‘extraordinarily graphic,’ and in ‘violation of a number of firm insurance policies.'”

Carter motioned for the decrease court docket to sanction Southwest for its actions and the court docket granted a contempt ruling ordering the corporate to publish a “verbatim” assertion to set the report straight with staff and requiring the corporate’s in-house attorneys to attend non secular liberty coaching with the Alliance Defending Freedom.

The appeals court docket dominated that there was a “sturdy probability that the contempt order exceeded the district court docket’s civil contempt authority.” The court docket agreed with Southwest that the coaching wouldn’t “compel compliance with the order,” a foundation for courts issuing orders in contempt proceedings, and located the order to be punitive. Because of this, the court docket paused the order pending the enchantment holding that the “punitive sanctions had possible [exceeded] the scope of the court docket’s civil-contempt authority.”

The enchantment for the judgment in opposition to Southwest itself within the underlying case continues to be pending.

Source / Picture: jurist.org

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