May 8 (Reuters) - A U.S. appeals court on Thursday said
a federal judge in Texas lacked the power to order in-house
lawyers at Southwest Airlines ( LUV ) to attend "religious liberty
training" after a flight attendant won a religious
discrimination lawsuit.
A unanimous three-judge panel of the New Orleans-based 5th U.S.
Circuit Court of Appeals said the 2023 ruling by U.S. District
Judge Brantley Starr would do little to compensate the
plaintiff, Charlene Carter, or compel compliance with an order
barring Southwest ( LUV ) from engaging in discrimination.
After a jury found for Carter, Starr ruled that Southwest ( LUV ) had
not complied with his orders and held the airline in contempt.
In an unusual move, he ordered the lawyers to attend an
eight-hour training conducted by Alliance Defending Freedom, a
conservative Christian group that is routinely involved in
high-profile court cases on abortion and religious liberties.
"When a court's contempt sanction in a civil matter is both
overbroad in scope and undoubtedly punitive in nature, the
judiciary risks appearing contemptuous," Circuit Judge Edith
Brown Clement wrote.
The 5th Circuit last year had blocked Starr's ruling pending
appeal, so the lawyers were never required to attend the
training.
The court upheld the jury's finding that Southwest ( LUV ) had
discriminated against Carter based on her religious practice,
but reversed a separate finding of discrimination based on her
religious beliefs.
Southwest ( LUV ) and the National Right to Work Legal Defense
Foundation, which represents Carter, did not immediately respond
to requests for comment.
Carter in a 2017 lawsuit accused Southwest ( LUV ) of firing her for
objecting on religious grounds to her union's participation in a
protest for which Planned Parenthood was a sponsor. Carter, who
also sued her union, says she is a Christian who opposes
abortion.
Starr in 2023 awarded her $800,000 in damages and ordered
Southwest ( LUV ) to reinstate her after a jury ruled in her favor.
Later that year, the judge said that instead of notifying
employees of their rights against religious discrimination, as
he had ordered Southwest ( LUV ) to do, in-house lawyers penned a memo
warning workers not to violate company civility policies that
led to Carter's firing. He required the training as a sanction.
Carter's lawyers defended the decision on appeal, arguing
that Southwest ( LUV ) in the memo suggested that it had not violated
the law and could continue discriminating against employees. The
5th Circuit on Thursday disagreed.
"The sanction plainly exceeded remedial bounds and sought to
punish Southwest's ( LUV ) attorneys through a directive that did little
to coerce the airline's compliance with the district court's
judgment," wrote Clement, an appointee of Republican former
President George W. Bush.
She was joined by Circuit Judges Kurt Engelhardt and Cory
Wilson, who are both appointees of President Donald Trump, a
Republican.
The case is Carter v. Local 556, Transport Workers Union of
America, 5th U.S. Circuit Court of Appeals, No. 23-10008.
For Carter: Matthew Gilliam of the National Right to Work
Legal Defense Foundation
For Southwest ( LUV ): Shay Dvoretzky of Skadden Arps Slate Meagher
& Flom
For the union: Adam Greenfield of Cloutman & Greenfield
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