9th Circuit reverses Alaska Airlines in major Title VII case

The U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers) has issued one of the most consequential workplace-religion decisions in years—one that should make every employer reconsider how it handles employee speech, internal investigations, and union collaboration. The case centers on two flight attendants who were terminated after they posted comments on Alaska Airlines’ intranet following the company’s public endorsement of the federal Equality Act promoting LGBTQ+ rights. They faced hostility from both the company and their own union. Was it because of their religious beliefs, or because they made harassing comments? 

Welcome to Alaska’s World

 Alaska Airlines is a large airline that employs approximately 26,000 people. It maintains an internal intranet communication network called Alaska’s World, which is visible to all its employees. The company describes it as a “key vehicle for employee communications.” The airline posts messages on Alaska’s World, and employees are invited to reply and comment. It explained to employees that the “comments are here for us to openly and constructively share ideas, ask respectful questions, and understand one another and our company.” According to its employee guidance on posting, “we’re a big team, inclusive of many people and perspectives,” and “our differences make us better when we support and respect each other, allowing each of us to be who we are.” The company expressed its commitment to providing “a safe space culture where employees feel empowered to have open and critical dialogue with their peers and leaders.”