What you post on social media can't get you promoted, but it can get you fired.
Many companies have strict policies regarding what employees are allowed to post. That means you might get in trouble for posting political opinions, drunken vacation photos, or pics where you might be ingesting a substance that's not legal in every state.
DON'T MISS: Southwest Airlines faces multiple pilot problems
These policies tend to be vague and hard to enforce because controlling what people post on social media tends to butt up against First Amendment freedoms. In many cases, the policies exist simply to make clear that the company is watching.
Airlines have generally had fairly strict social media policies. Flight attendants, gate personnel, and pilots, for example, are generally forbidden from posting on-the-job photos that involve passengers. It's not uniform and varies by airline, but there are rules in most cases.
Southwest Airlines (LUV) -) has prompted the anger of U.S. District Judge Brantley Starr in Texas, who ruled against the airline in a case involving social media.
The airline had fired a flight attendant, Charlene Carter, for sending graphic social-media messages about abortion directed at her local union president.
Carter objected to the union participating in the 2017 Women's March on Washington because Planned Parenthood co-sponsored the event. The airline claimed her posts violated the airline's civility policy.
Starr disagreed and ordered the airline to give Carter her job back, pay the flight attendant $800,000 in back pay and damages, and issue a statement to its flight attendants that it "may not discriminate" against employees for their religious beliefs and statements.
That's where the airline's problems escalated.
Image source: Kevin Dietsch/Getty Images
Southwest angers a federal judge
Southwest did not exactly follow Starr's order in what it communicated to its flight attendants.
The airline issued a memo to employees saying that the court had "ordered us to inform you that Southwest does not discriminate" based on religious beliefs while restating the company policies on civility that it had used to justify Carter's firing.
The judge had wanted the airline to use the words "may not discriminate." He issued a 29-page memo ordering the airline to have three of its attorneys attend a "training on religious freedom" facilitated by the Alliance Defending Freedom.
Founded in 1994, the ADF describes itself as "one of the leading Christian law firms," which was founded with the "goal of keeping the doors open for the Gospel."
Southwest has objected to that training, and after Starr denied a request to stay the training part of his ruling, the airline said it planned to appeal.
"ADF is not an unbiased, educational institution — nor does it pretend to be," wrote the legal journalist Chris Geidner, Reason reported. "It is a legal powerhouse in the world of social conservatism, regularly filing lawsuits aiming to limit abortion and the rights of gay people and appearing in 10 Supreme Court cases."
Given the nature of this dispute, Southwest risks being seen as "woke" when it comes to its stands on religious issues. That puts it at risk for a Bud Light-style backlash if customers see its decision as being religiously;y discriminatory or pushing a woke anti-abortion agenda.
Southwest Airlines has an ally
Southwest Air has an ally: Fix the Court has filed a complaint against Starr's ruling.
The group describes itself as a nonpartisan, nonprofit organization "that advocates for non-ideological 'fixes' that would make the federal courts, and primarily the U.S. Supreme Court, more open and more accountable to the American people."
"It’s our belief it’s not appropriate for any sectarian organization to handle any part of attorney sanctions. Judge Starr’s directive sets a concerning precedent and showcases a lapse in judgment for which he should face repercussions," the group said in a news release.
The group noted that while training "can be an acceptable sanction in an area like ethics, none of the examples of mandated training highlighted by Judge Starr in his order is religion-based (for a reason; there are none!)," the Brooklyn, N.Y., group said.
Southwest is also appealing the original case that gave Carter her job back.
Action Alerts PLUS offers expert portfolio guidance to help you make informed investing decisions. Sign up now.
