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Home  >  Law In Travel • Southwest Airlines  >  When Does An Airline “Joke” Impermissibly Cross The Line?
Law In TravelSouthwest Airlines

When Does An Airline “Joke” Impermissibly Cross The Line?

Matthew Klint Posted onNovember 2, 2019November 2, 2019 19 Comments

When does a joke cross from crass to simply inappropriate? When does it becomes grounds for a lawsuit. Those are the leading questions emerging from a flight attendant lawsuit against Southwest Airlines.

For Renee Steinaker, a Southwest flight attendant of 21 years, February 27, 2017 changed her life forever. It was on that day she claims to have witnessed what she thought was a live  streaming video from the airline lavatory onboard her flight from Baltimore to Phoenix.

If you are unfamiliar with the facts of the case, you can review both posts below:

> Read More: Southwest Flight Attendant Catches Pilots Live Streaming…The Lavatory
> Read More:
Southwest Comes Out Swinging Against Flight Attendant Who Alleged Voyeurism

More facts have emerged this week. It seems virtually certain there was no video feed in the lavatory. Instead, a rather cruel “joke” was played on Steinaker.

Attorney vs. Attorney

An attorney for the pilots explained:

Southwest Airlines has never placed cameras and never videoed anyone in any lavatory, and the pilots on Flight 1088 did not video anyone. The incident, which occurred over two years ago, was a poor attempt at humor where the pilot took a selfie video from the chest up, fully clothed, in the lavatory of a completely different airplane months before Flight 1088 and then replayed the exact same selfie video on his iPad when Ms. Steinaker came into the cockpit.

All crew members, including the flight attendants, were debriefed on and informed of such by Southwest Airlines after a thorough investigation was conducted by Southwest Airlines that revealed no corroboration of the flight attendant’s allegations

Meanwhile, Steinaker’s attorney did not exactly dispute that account:

I am not aware of the facts of whether or not they did those things. I am concerned because that was crucial evidence that was made obvious to the management and whether or not they met their obligation to preserve that evidence is completely unknown to me at this point.

A Cruel Joke?

Speaking to the Arizona Republic, Steinaker said:

With my every being — every bit of myself — I knew this was wrong. And I could not let something like this go. I knew it was the right thing to do to report it…This was not a joke. There’s nothing about this whatsoever that was humorous behavior. It’s sexual harassment, hostile work environment and it’s safety concerns.

This now is the crux of the case. It’s no longer about voyeurism or emotional distress from an incident that did not actually occur. Rather, it is about whether a joke that went too far constituted sexual harassment.

CONCLUSION

Steinaker has gone on a media frenzy this week promoting her lawsuit. That has caused an escalating battle between her legal defense team and Southwest. There are elements of #MeToo at play. But at the heart of this case is a question: when does a practical joke go too far?

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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19 Comments

  1. Stuart Reply
    November 2, 2019 at 9:35 am

    A friend of mine was fired by a big Pharma for “joking” with a group at a Christmas party about whipping out his you know what. As is usual at these Christmas parties everyone was pretty drunk. Didn’t matter, a co-worker claimed she was “traumatized.” He has been blacklisted by every Pharma in the country and went from a $250K job to working home construction.

    What is right in the case of the Southwest pilots? I don’t have the perfect answer. Yes, the Southwest pilots showed poor judgement. Yes, The flight attendant should lighten up. Seems like a perfect opportunity for the pilots and the F/A to be brought in a room together…everyone apologize and the pilots receive a bit of a reprimand and we move on and learn from it. Instead this story has become fodder for the press and riles up everyone on both sides of the #metoo movement. And lives and careers will be destroyed in the process.

  2. debit Reply
    November 2, 2019 at 9:38 am

    Wtf? Are these the red necks that have no problem voting for the rapist donald trump Trump suddenly are all about virtue signaling. In fact this should be normal work place at all the red neck work place south of mason dixon.

    Another day when the rednecks expect more from normal people than the president or in other words so easy to hate these rednecks.

    • WR2 Reply
      November 3, 2019 at 12:36 pm

      Here’s TDS patient zero, chiming in with his only stream of thought. Is “redneck” not a perjorative for a white person? Why is racism tolerated on this blog?

      • Stc Reply
        November 3, 2019 at 8:41 pm

        So true. I’m very triggered by the pejorative “Redneck”, I’m going to have sue to recoup my therapy costs ;-).

      • AR Reply
        November 3, 2019 at 10:17 pm

        Seems like being offended by the term “redneck” would be a very snowflake-like think to do given you’ve likely lobbed lots of other pejoratives and lots of other folks in your day. Maybe you have Democrat Derangement Syndrome?

  3. Christian Reply
    November 2, 2019 at 10:41 am

    This is not merely a case of insanely bad taste. This is some seriously sick stuff. If these guys want any modicum of respect, they should be required to act as the professionals they are paid to be. Unfortunately that ship has sailed. They need to be fired immediately.

  4. John S Reply
    November 2, 2019 at 12:04 pm

    This couldn’t be a clearer case of a joke going way over the line. The pilots should be terminated immediately. This is an easy call.

    • Matthew Reply
      November 2, 2019 at 2:54 pm

      Maybe I’m just the perfect example of a non-woke, white, male, non-intersectional, square person…but I find the joke stupid and childish, but hardly worthy of job termination.

      • WR2 Reply
        November 3, 2019 at 12:40 pm

        Matthew, you don’t understand. For joyless, humorless SJWs, the complete destruction of your life is the only acceptable punishment for anyone who strays from their doctrine. It’s why I’m considering to GTFO and move to Asia, where at least for now, having your feelings hurt doesn’t make you a victim of a crime.

      • Stc Reply
        November 3, 2019 at 8:50 pm

        According to many Democrats Matthew, you’re the source of all evil in the world. Never mind that the crimes were committed distant generations and by all races, your still to blame. Good for you for resisting this woke garbage.

  5. Larry B Reply
    November 2, 2019 at 12:28 pm

    Adding to what Stuart suggested, a significant reprimand to the pilots and an official apology to the F/A would have been the correct first move. Waiting until now and doubling down on the “prank gone wrong” defense is an unfortunate decision (to put it mildly). It will probably end in unhappiness for Southwest in court (let alone the court of public opinion), all because management didn’t take this seriously in the first place.
    Even I’ve watched enough Air Disasters to see that a couple yahoos in the cockpit screwing around has the opportunity to end badly. What these geniuses were thinking is beyond me!

  6. turbobrick Reply
    November 2, 2019 at 2:14 pm

    Just because one has made the choice to take offense does not mean they’re right.

    This was merely a puerile decision on behalf of the pilots no more no less.

    One incident does not constitute a “Hostile Work Environment.” Sexual harassment is a claim that requires a thorough investigation.

    If this individual is now pressing forward with this, then a thorough review of must take place. The current culture is quick to be offended, quick to the self sanctimonious mobile, full of feeling and emotions. Facts, Logic and Reason are thrown by the wayside because they fail to agree with the outcome that one expects.

    I’m sure that some humans will read and choose to use their freedom of choice to take offense to this reply in some way or another.

    Just because you’ve chosen to take offense, does not mean you’re right.

  7. Marissa Reply
    November 2, 2019 at 3:19 pm

    I would suggest some kind of compromise rather than termination, like short-term pay cut, demotion, or disciplinary action. This kind of behavior is totally unacceptable. Period.

  8. James Reply
    November 2, 2019 at 5:46 pm

    I don’t think the pilots should be fired, but Southwest should offer the flight attendant a very generous settlement.

  9. Virginia Reply
    November 2, 2019 at 5:58 pm

    How is this a “joke” or a “prank”? Of course the pilots should be fired.

    • Robert Reply
      November 4, 2019 at 1:31 pm

      This is a sketchy thing. If they pilots aren’t fired then what about the kids who are implicated for murder to those they bullied into suicide? If pilots are allowed to joke in this kind of manner then where does it stop? I’m not comparing their actions to murder but who is the one to decide that they were kidding when they did this?

  10. WR2 Reply
    November 3, 2019 at 12:44 pm

    I’m still trying to figure out why a FA seeing an iPad with video of a guy fully clothed in a lavatory is sexual harassment. It used to be thar sexual harrassment was the act of a superior using threats, innuendo and intimidation to try to get a subordinate into bed. Now it just seems to mean “I felt uncomfortable, give me money”

  11. Paolo Reply
    November 4, 2019 at 2:09 am

    A silly schoolboy-like joke but not something they should be fired over. The resultant “trauma” is much overstated, methinks. But I’d prefer that the pilots keep their hands on the tiller rather than engage in such distasteful hijinks.

  12. Pingback: What You Liked Most: Our Top 10 Most-Read Posts from October! - Renés Points for Better Travel blog

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