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The world’s largest low-cost carrier, 
Southwest Airlines, has been ‘scolded’ by a federal court judge as the airline defends its class action on how flight attendants are treated through its attendance system. As analyzed by View From The Wing, the airline attempted to ask the judge for a late filing in an attempt to dismiss the case, and the judge was not pleased.
Dallas-based Southwest is attempting to defend the current class action lawsuit on how the attendance system treats flight attendants, specifically those taking intermittent leave under the Family and Medical Leave Act.
Southwest Airlines Scolded By Federal Judge
According to the report, Southwest has been found not to assess points for protected leave, and by taking leave, it would disqualify the airline employee from being able to earn reductions in existing attendance points, meaning that the individual would be closer to the line of termination.
While Southwest has reiterated that these reductions are based on conditions and rewards for full month or quarter attendance, it is considered that this does not benefit the employee who otherwise earns an income day by day. As outlined by the judge, the federal rules suggest that employers are allowed to deny perfect attendance bonuses when an employee misses the target due to protected leave, but the caveat is that, as long as it is comparable non-protective leave is treated the same.
The sticking point for flight attendants is that they claim this is not a bonus, and the preexisting points would determine whether they keep their jobs. One protected absence could have the possibility to wipe out their quarter’s progress, and taking federally protected leave could result in them being closer to being terminated.
Pending In Federal Court Since 2022
Pending in federal court since 2022, the Refuerzo v. Southwest Airlines case was certified by Judge Jacqueline Scott Corley as a nationwide class in 2024, which has seen the group now seeking changes to Southwest’s policy that would improve conditions for more than 9,000 flight attendants. Southwest missed an initial February motion deadline for the case, and later asked to challenge specific terminated employees if they could prove that the disputed policy caused the termination.
Southwest’s July filing was a broader argument and suggested that no employee had lost their accrued benefit, meaning that there was no violation of federal leave. The judge dismissed this filing and, on Wednesday, called out the low-cost carrier’s suggestions as a bad argument, and noted that ‘you guys should not have done that’.
This response has now resulted in a written order refusing to consider Southwest’s argument due to it being late and outside the permission granted.
Southwest is the world’s largest low-cost carrier, and operates a fleet of more than 800 Boeing 737 aircraft. It has an expansive domestic network in the United States, and a growing international presence in short- to medium-haul markets. The airline carries more passengers domestically than any other airline, including the Big Three; however, it sits behind Delta and American for domestic revenue passenger miles, as per the Bureau of Transportation Statistics:
Airline | Domestic Revenue Passenger Miles | % Market Share |
|---|---|---|
Delta Air Lines | 142.31 billion | 17.9% |
American Airlines | 140.24 billion | 17.6% |
Southwest Airlines | 135.82 billion | 17% |
United Airlines | 135.26 billion | 17% |
Refuerzo v. Southwest Airlines Co., No. 3:22-cv-00868
This dispute suggests that the airline could disqualify workers from point reductions that are in place to reward good attendance throughout a month or quarter. The case’s plaintiffs argue that this has, as a result, pushed employees closer to termination. Judge Corley has criticized the Southwest legal team for attempting to dismiss the case through an overbroad summary judgment motion and said that the airline only has had permission to address specific individual class members.
The certification class action focuses on the Family and Medical Leave Act, and since the initial complaint filing in February 2022, Southwest has made several attempts to dismiss the class action, with the judge strongly rebuking the Southwest counsel for violating court instructions.
For the case of Refuerzo v. Southwest, further case management is scheduled on September 15; a formal Pretrial Conference will take place on September 24; and jury selection will begin on October 13 for the preparation of the ten-day jury trial, which will be held in San Francisco.
