ACLU pressures Alaska Airlines to change ‘discriminatory’ flight attendant uniforms

Alaska Airlines is facing pressure from the American Civil Liberties Union to change its flight attendant uniform policy that “demeans” nonbinary employees.

Justin Wetherell, a nonbinary flight attendant with Alaska Airlines, first requested accommodation from the company in January but was denied. The uniforms and grooming codes do not include an option for nonbinary attendants, those who do not conform to a male or female gender identity, according to a letter the ACLU sent Friday urging the company to alter its policies.

The policy “demeans employees who do not conform to gender stereotypes,” according to the letter.

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“Although the uniform policy allows transgender men and transgender women to adhere to the uniform standards that match their gender identity, Alaska Airlines requires all employees to conform to either the ‘male’ or ‘female’ category,” the ACLU said.

In July 2020, the Supreme Court ruled that workplace discrimination protections in Title VII of the Civil Rights Act apply to gay and transgender individuals in Bostock v. Clayton County.

“As our letter makes clear, if Alaska Airlines continues to require that employees adhere to either a predetermined “male” uniform kit and grooming standards or a “female” uniform kit and grooming standards, it will be violating the Washington Law Against Discrimination and Title VII. We hope that after further consideration Alaska Airlines will work with us voluntarily to bring its uniform policy into full compliance with the law,” Josh Block, a senior staff attorney part of the ACLU LGBTQ & HIV Project, told the Washington Examiner in an email.

“It is difficult to understand how a company that professes to be committed to diversity and inclusion can take the position that enforcing gender stereotypes on its employees is an expression of its corporate ‘brand,” the ACLU attorneys wrote in their letter.

In January, Wetherell attempted to get Alaska Airlines’s policy changed internally. When those attempts were unsuccessful, Wetherell requested accommodation, which the uniform policy allows, but was rejected.

“Alaska Airlines’ uniform policy and grooming standards are a component of the company’s branding and intended to maintain a consistent image for customers. Your requests are inconsistent with this business purpose,” the airline wrote in its rejection, which the attorneys enclosed in their letter.

On Friday, Alaska Airlines issued a public statement following the ACLU’s letter.

“Starting later this month, we are set to introduce the ability to order these items online, giving employees greater ease of choice in the uniform selection process. We will also implement new gender-neutral hair policies that will allow all flight attendants to wear their hair down when not handling food, regardless of gender. These are two of the latest policy changes we have made to make Alaska a more inclusive place to work,” the company wrote.

The airline is committed to exploring new policies and uniforms options for flight attendants, especially during Pride month, according to the statement.

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Neither Alaska Airlines nor the ACLU immediately responded to the Washington Examiners requests for comment.

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