FOLLOW US

Tue

July 14, 2026

America June 4, 2024 4 mins read

5th Circuit Weighs Religious Belief vs. Conduct in Flight Attendant’s Firing Case

America ı By Rochdi Rais

0 Comments

Southwest Flight Attendant's Firing Case

The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.

Shay Dvoretzky of Skadden Arps Slate Meagher & Flom LLP, counsel for Southwest Airlines Co., told the Fifth Circuit that Charlene Carter's firing in 2017 stemmed from the practice of sending graphic messages to her union president, not the religious beliefs underlying those messages. The jury was therefore only required to answer whether Southwest's accommodations of that practice "would cause Southwest undue hardship," he argued.

"The distinction is critical," Dvoretzky told the court. "As a matter of common sense, belief is what's in your head. It's what you think. Practice is what those thoughts or feelings lead you to do. It's your conduct. If every practice-based claim could simply be reasserted as a belief-based claim, then undue hardship could never be a defense."

Dvoretzky said while an employee can assert both belief and practice discrimination claims, they'd have to prove different elements in order to establish both. In this case, Carter didn't provide enough evidence to prove that she was fired because she is Christian, Dvoretzky said.

But Carter's attorney Matthew Brandon Gilliam of National Right to Work Legal Defense Foundation pointed to a "fact-finding" hearing Southwest conducted after the union's president reported the Facebook messages Carter had sent her.

"She [Carter] told them, 'I'm a Christian, I'm a conservative and I'm pro-life,'" Gilliam said. "Motive is especially easy to infer when the employer knows about the religious belief before he fires her."

When the judges pressed Gilliam on where the line was between conduct that's religious and conduct that's potentially offensive, Gilliam said that Southwest's investigation into Carter's posts went beyond what she sent her union president in private.

"The difference is that Southwest went digging on Carter's website to prosecute her personal Facebook," Gilliam said, acknowledging that some of the posts sent to the union president were duplicative of ones she posted on her public page.

Drawing a line between whether the posts constitute religious conduct or religious belief may be going too far, Gilliam said, since in Carter's case, the two are closely related.

"There was a lot of testimony in the record where she talks about how she formed these religious beliefs. She talks about how she herself had an abortion and that God forgave her and she practices her religion by going out and spreading the word that abortion is the taking of human life," Gilliam said. "I think that there could be a little bit too much hairsplitting because there is a lot of interlay."

Carter sent the messages at issue to her union president in 2017 to express her opposition to the use of union funds to help members attend that year's Planned Parenthood-sponsored Women's March in Washington, D.C. She called the president "despicable," said abortion was murder and sent a video that allegedly showed aborted fetuses, according to court documents.

Carter sued Southwest and the union, Transport Workers Union of America Local 556, later that year, claiming the union retaliated against her under the Railway Labor Act and discriminated against her based on religion in violation of Title VII of the Civil Rights Act.

A jury found in favor of the longtime flight attendant after a weeklong trial, additionally finding that the union failed to represent her. A judge cut her damages award from around $5 million to $800,000, required her to be reinstated and ordered several of the airline's in-house lawyers to attend religious bias training.

Previous Article

FCC Orders Clear Rate to Wipe Charges for Alleged Slamming for Third Time This Year

Read More
2757 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America July 12, 2026
two killed in Toronto After Deadly street festival shooting
By – Rihem Akkouche
America July 12, 2026
Elephant Fire burns 4500 acres in Sierra County
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 11, 2026
1 dead After fire at Davis…

A Saturday morning that began like any other in South…

By – Rihem Akkouche
America July 11, 2026
Apple Sues OpenAI Over Trade Secrets…

The partnership that placed ChatGPT inside hundreds of millions of…

By – Rihem Akkouche
America July 11, 2026
NYT Air Force One Subpoena Targets…

They came on a Friday evening, to the homes of…

By – Rihem Akkouche
America July 11, 2026
Gordie Howe Bridge to Open on…

Named for a hockey legend who won four Stanley Cups…

By – Rihem Akkouche
America July 11, 2026
Teen Football Player’s Death on Uninhabited…

Christine and Elmore Wonsley are not sleeping. They cannot. A…

By – Rihem Akkouche
America July 11, 2026
Hundreds Of People at Summer Camp…

The water came faster than the roads could handle and…

By – Rihem Akkouche
America July 11, 2026
Hundreds Of People at Summer Camp…

The water came faster than the roads could handle and…

By – Rihem Akkouche
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 10, 2026
Russia Sanctions Bill Gains BiPartisan as…

WASHINGTON, D.C. — Russia Sanctions legislation moved closer to becoming…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Bonnie Tyler Remembered as Legendary Welsh…

Bonnie Tyler, the Welsh singer whose unmistakable raspy voice powered…

By – Jackie Allen
America July 9, 2026
Assault on Iran Escalates as U.S.…

The Assault on Iran intensified after the United States launched…

By – Jackie Allen
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 6, 2026
AI Regulation Debate Intensifies After Peter…

 The global debate over AI Regulation took a dramatic turn…

By – Jackie Allen
America July 5, 2026
California Chaos: Fourth of July Celebrations…

California Chaos unfolded across parts of Southern California during the…

By – Jackie Allen
America July 5, 2026
Paul Pelosi Faces Charge After Alleged…

Paul Pelosi, the husband of former House Speaker Nancy Pelosi,…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 3, 2026
Mars Rover Images Lead to Debates…

A new Mars Rover image captured by NASA’s Curiosity mission…

By – Jackie Allen
America July 3, 2026
Taylor Swift and Travis Kelce’s Star-Studded…

Taylor Swift and Travis Kelce’s highly anticipated wedding is finally…

By – Rihem Akkouche
America July 3, 2026
Federal Judge Sends Bad Bunny Reggaeton…

INSIDE THIS REPORT A federal judge denied summary judgment to…

By – Samuel Lopez
America July 3, 2026
Mike Rowe Sues Discovery for $2…

Inside This Report Mike Rowe is suing Discovery, claiming the…

By – Samuel Lopez
America July 3, 2026
7-Eleven Sues Nike Over Alleged Air…

INSIDE THIS REPORT Nike faces a federal trademark lawsuit over…

By – Samuel Lopez
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
Health June 25, 2026
Temperatures in France were higher than…

The images coming out of Europe this week are nothing…

By – Tyler Brooks
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter