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Victims of alleged discrimination while working at Southwest Airlines® should receive justice and compensation for losses.
The Consumer Assistance Team encourages victims of alleged discrimination while working at Southwest Airlines® to request a free, private case evaluation.
A former Southwest Airlines® flight attendant won a $5.1 million jury verdict against the airline and the union after she was fired for sparring with her union president over abortion and other issues.
If the decision stands, the plaintiff could collect $4.15 million from Southwest Airlines® and $950,000 from Local 556 of the Transport Workers Union, mostly in punitive damages.
The plaintiff alleged she was fired after complaining to the union president about flight attendants going to a march in Washington, D.C., where more than 500,000 people protested President Donald Trump’s positions on abortion and other issues.
The airline said it fired Carter because posts on her Facebook page, in which she could be identified as a Southwest Airlines® employee, were “highly offensive” and that her private messages to Stone were harassing.
The airline said she violated company policies on bullying and the use of social media.
Southwest Airlines® said Friday that it “has a demonstrated history of supporting our employees’ rights to express their opinions when done in a respectful manner." It plans to appeal.
The Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and workers in all aspects of employment on the basis of their protected characteristics.
These protected statuses include the following:
Several other federal laws also prohibit workplace discrimination on the basis of age if over 40, genetic information, disability status, and pregnancy status, including:
-The Age Discrimination in Employment Act;
-The Genetic Information Nondiscrimination Act;
-The Americans with Disabilities Act; and,
-The Pregnancy Discrimination Act
Title VII also provides protection to workers from retaliation for filing discrimination complaints or participating in investigations of discrimination complaints.
To meet the burden of proof for a discrimination case, the plaintiff must prove the following elements:
-The employee is a member of a protected group based on race, sex, color, etc.;
-The employee was fully qualified for the position or was performing the job well and meeting the job expectations;
-The employee was not hired, not promoted, or fired; and,
-The employer chose someone for the position who was less qualified and who was not a member of a protected group.
To establish a case of harassment, a plaintiff must prove the following elements:
-The plaintiff is a member of a protected group;
-The plaintiff was targeted for unwelcome harassment;
-The harassment was based on the plaintiff's membership in a protected group;
-The harassing conduct was strong enough that it affected the conditions of the plaintiff's job; and,
-The employer either knew or should have known about what was happening but failed to attempt to stop it.
The Consumer Assistance Team believes that victims of alleged discrimination while working at Southwest Airlines® should receive justice and compensation for losses.
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