New England Biz Law Update
A former Alaska Airlines flight attendant has sued the airline, alleging race and sex discrimination after she was terminated over a TikTok video showing her dancing in uniform on a grounded aircraft.
The lawsuit raises questions about how employers enforce social media and reputational conduct policies.
According to the complaint, the employee recorded herself dancing while waiting for pilots to arrive before a scheduled flight. Alaska Airlines later terminated her employment, citing reputational concerns related to the video.
The plaintiff, who identifies as Black and Asian American, alleges that she was held to stricter standards than white and male coworkers who allegedly posted similar dance videos, including videos involving explicit music, without facing comparable discipline or termination.
She claims that the differing treatment amounted to unlawful discrimination based on race and sex.
The lawsuit also names the union representing flight attendants, alleging it failed to adequately pursue her appeal after her termination.
Importance of consistent policy enforcement
The case underscores the growing challenges employers face in regulating employee social media activity, particularly where workplace branding, uniforms or customer-facing roles are involved.
While employers generally may adopt policies governing workplace conduct and public-facing behavior, inconsistent enforcement of those policies can create litigation risk, especially if similarly situated employees are treated differently.
Discrimination claims often turn less on the policy itself and more on whether disciplinary decisions were applied consistently across comparable employees.
Social media and disciplinary practices
Employers should review social media, reputational conduct and disciplinary policies to ensure expectations are clearly communicated and consistently enforced.
HR teams should also carefully document the business rationale behind disciplinary decisions involving online conduct, particularly when evaluating employee behavior that may resemble conduct previously tolerated or addressed differently.
