Status: In progress

Allen, et al. v. Southwest Airlines Co.

Plaintiffs in a class action lawsuit claim they were discriminated against when they opted not to get the COVID-19 vaccine.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Jessy Edwards  |  April 20, 2023

Category: Covid-19

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Southwest airplane representing the Southwest Airlines COVID vaccine exemptions class action.
(Photo Credit: Markus Mainka/Shutterstock)

Southwest COVID class action overview: 

  • Who: A group of airline employees are suing Southwest Airlines. 
  • Why: The plaintiffs say they were discriminated against when they opted not to get the COVID-19 vaccine. 
  • Where: The Southwest COVID class action lawsuit was filed in a Florida federal court.
  • What are my options: Consumers looking for alternatives to Southwest Airlines may wish to explore their options at CheapOair.com.

A group of airline employees are suing Southwest Airlines alleging they were discriminated against when they opted not to get the COVID-19 vaccine, costing them work and time. 

Plaintiffs John Allen, Peter Birchenough and Susan Golliheair filed the class action lawsuit against Southwest Airlines Co. (SWA) on behalf of themselves and 122 other plaintiffs April 11 in a Florida federal court.

The plaintiffs make up a group of current and former pilots and flight attendants of SWA, each of whom says they were subject to the airline’s allegedly discriminatory and retaliatory COVID-19 policies when they opted out of getting the COVID-19 vaccine. 

According to the lawsuit, during their employment with SWA, the plaintiffs were subjected to discrimination by SWA, deprived of employment opportunities, deprived of income opportunities and treated differently than SWA employees who did not oppose or reject the COVID-19 vaccine based on “sincerely held religious beliefs.”

“Plaintiffs herein allege that SWA’s COVID-19 policies and practices were unlawful because they discriminated against them based on their sincerely held religious beliefs and/or medical/disability status,” they say.

Non-vaccinated workers treated differently, lawsuit states

The plaintiffs say they were treated differently than other employees due to the fact they did not have the COVID-19 vaccine. 

For example, Birchenough said he was removed from his upcoming flight and forced to quarantine due to an alleged COVID-19 exposure, which a vaccinated employee would not have been forced to do.

The other plaintiffs describe similar experiences and say they lost pay from having to quarantine and not take flights, where vaccinated employees did not.

The plaintiffs are suing for violations of Title VII of the Civil Rights Act and the Americans with Disabilities Act. They seek certification of the class action, damages, fees, costs and a jury trial.

In 2020, Southwest Airlines was hit with a class action lawsuit by a passenger who challenged the company’s choice not to refund tickets subjected to coronavirus changes.

What do you think of the allegations in this Southwest Airlines lawsuit? Let us know in the comments. 

The plaintiffs are represented by Nathan McCoy, Molly Mullen and Karina McMahon of Wilson McCoy PA. 

The Southwest Airlines class action lawsuit is John Allen, et al. v. Southwest Airlines Co., Case No. 6:23-cv-00657, in the U.S. District Court for the Middle District of Florida. 


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One thought on Southwest class action claims airline discriminated against workers who sought COVID vaccine exemptions

  1. Vstacy says:

    How can Southwest Chicago midway employees sign up for the non covid vaccine discrimination lawsuit? Our airport was going through the same thing in Chicago

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