Ninth Circuit Revives Religious Discrimination Suit Against Alaska Airlines Union
Ninth Circuit permits religious discrimination claims against Alaska Airlines and its union to move forward.
Why it matters: The ruling impacts labor law by addressing religious discrimination and union obligations amid evolving workplace accommodation standards. Legal advisors must consider this precedent when counseling clients on employee religious rights and union representation.
- Court revived lawsuit by former Alaska Airlines flight attendants Marli Brown and Lacey Smith on June 24, 2026.
- Flight attendants were terminated in March 2021 after opposing the Equality Act on the company's internal forum.
- The Association of Flight Attendants-CWA is sued for allegedly failing to defend plaintiffs during disciplinary proceedings.
- The case, Brown et al. v. Alaska Airlines, Inc. et al. (No. 24-3789), is proceeding to trial.
On June 24, 2026, the Ninth Circuit Court of Appeals revived a lawsuit brought by Marli Brown and Lacey Smith, former Alaska Airlines flight attendants. They claim they were terminated due to their religious beliefs after posting opposition to Alaska Airlines' support of the Equality Act in an internal employee forum in March 2021.
Besides Alaska Airlines, the Association of Flight Attendants-CWA (AFA) was named for allegedly neglecting to advocate for Brown and Smith during the company disciplinary process. This union involvement underscores the broader legal question about unions' duties in cases of religious discrimination.
The Ninth Circuit’s decision to allow claims against both the airline and the union to proceed to trial signals a willingness to scrutinize labor and employment practices related to religious accommodations. Stephanie Taub of First Liberty Institute underscored this, stating the court recognized "clear evidence of religious discrimination against Marli and Lacey by both Alaska Airlines and the flight attendants' union."
In contrast, AFA leadership has expressed strong disagreement, with AFA Master Executive Council President Jeffrey Peterson commenting on employees’ rights to express opinions outside of work despite disagreeable content.
The case, Brown, et al. v. Alaska Airlines, Inc., et al., case number 24-3789, now prepares to move forward to trial, potentially shaping the intersection of employment, union law, and religious freedom in workplace settings.
By the numbers:
- June 24, 2026 — Ninth Circuit decision date
- March 19, 2021 — Date of flight attendants' termination
- 24-3789 — Case number for Brown et al. v. Alaska Airlines
Yes, but: The case has yet to be tried on the merits; how courts will balance employers’ policies against employee religious expression remains unsettled.
What's next: The lawsuit will proceed to trial, where testimony and evidence will clarify issues of religious discrimination and union representation.