June 7 (Reuters) - A U.S. appeals court on Friday said a
Texas federal judge likely lacked the power to order lawyers at
Southwest Airlines ( LUV ) to undergo "religious liberty training" after
a flight attendant won a discrimination lawsuit, and kept his
decision on hold.
A 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 was likely invalid because it provided no
benefit to the plaintiff, Charlene Carter, and stayed it pending
the outcome of the airline's appeal.
When courts do order anti-discrimination training, it is
typically part of a punitive remedy and not a sanction on
attorneys who played no role in the underlying alleged
misconduct, the panel said in an unsigned decision.
A different 5th Circuit panel had administratively stayed
Starr's order without explanation in September pending Friday's
decision.
Southwest ( LUV ) and the National Right to Work Legal Defense
Foundation, which represents Carter, did not immediately respond
to requests for comment.
Carter, who was a flight attendant for Southwest ( LUV ) for more
than 20 years, sued the airline and her former union in 2017.
She claimed she was fired that year for objecting on religious
grounds to the union's participation in a protest for which
Planned Parenthood was a sponsor. Carter says she is a Christian
who opposes abortion.
Southwest ( LUV ) says Carter was fired for violating company
policies regarding posting on social media and workplace
bullying.
Starr in 2022 awarded Carter $800,000 in damages and ordered
Southwest ( LUV ) to reinstate her after a jury ruled in her favor.
Last August, Starr found that in-house lawyers at Southwest ( LUV )
had flouted his rulings in the case. The judge said that instead
of notifying employees of their rights against religious
discrimination, as he had ordered, the lawyers penned a memo
warning workers not to violate the policies that led it to fire
Carter.
As a sanction, Starr 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.
Starr's decision prompted a judicial reform advocacy group
to file a complaint last year accusing the judge of violating
the judicial code of conduct by assigning a sectarian
organization to carry out the training. Starr did not comment
publicly on the complaint.
The 5th Circuit heard arguments in Southwest's ( LUV ) appeal of the
verdict, the damages award, and the sanctions on Monday. The
airline says the mandatory training violated the lawyers'
free-speech rights.
On Friday, the panel said Starr likely exceeded his
authority by imposing the training despite it having no
connection to the underlying case.
"Whether the training would benefit Carter is rather
speculative. The Southwest ( LUV ) attorneys, on the other hand, would
likely suffer a violation of their constitutional rights," the
panel wrote.
The panel includes Circuit Judges Edith Clement, an
appointee of Republican former President George W. Bush, and
Kurt Engelhardt and Cory Wilson, who were appointed by
Republican former President Donald Trump.
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
Read more:
Southwest Airlines ( LUV ) lawyers win reprieve from religious
liberty training order
Religious rights group says it's qualified to train
Southwest Airlines ( LUV ) lawyers
Judge pauses ruling ordering 'religious liberty training'
for Southwest ( LUV ) lawyers
Judge rejects Southwest's ( LUV ) 'gripe' over religious liberty
training order
Complaint filed over US judge's 'strange' Southwest ( LUV )
religious liberty training order
(Reporting by Daniel Wiessner in Albany, New York)