Overview
- The U.S. Court of Appeals for the Ninth Circuit on June 24, 2026 reversed a district court and held that factual disputes require a jury, allowing Title VII religious‑discrimination claims by Lacey Smith and Marli Brown to proceed to trial.
- Smith and Brown were dismissed in March 2021 after posting objections on an internal employee forum to Alaska Airlines’ public support for the proposed Equality Act, with the airline saying the posts violated its anti‑harassment and anti‑discrimination rules.
- The appeals panel pointed to internal company emails and union messages that criticized the women and said things like “employees actually do not have the right to believe that LGBTQ rights are ‘immoral,’” and a union leader called one of the attendants a “bigot” and texted “I hate her,” evidence the court said could show discriminatory motive.
- The decision highlights a legal line courts must draw between permissible enforcement of workplace conduct policies and unlawful actions motivated by religious animus, and it also lets the plaintiffs pursue claims that the Association of Flight Attendants failed to represent them in good faith.
- The case returns to the district court for trial but could prompt rehearing requests or an en banc appeal; the plaintiffs’ lawyers say they will take the case to trial while the airline and union weigh further appeals or settlement.