DOJ WADES INTO SOUTHWEST “DISCRIMINATION” LAWSUIT
May 19, 2025
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On April 10, 2025, the U.S. Department of Justice (“DOJ”) filed a proposed statement of interest (“SOI”) in an ongoing lawsuit against Southwest in which the American Alliance for Equal Rights (“AAER”) contends that the airline’s travel voucher system offering free roundtrip flights to and from school for low-income Hispanic students unlawfully discriminated against non-Hispanic students. The voucher system, known as the ¡Lánzate! or Take Off! Travel Award Program, was discontinued by Southwest, but AAER declined to dismiss the case. While legal proceedings between Southwest and AAER continue in federal court, the SOI provides yet another example of the DOJ’s efforts to eliminate purported diversity, equity, and inclusion (“DEI”) initiatives in both the public and private sector. Other organizations have challenged President Trump’s DEI-related actions in court with mixed results so many expect DOJ to continue filing SOIs in cases where officials identify “racially exclusionary practices” contrary to federal law. AAER filed a similar lawsuit against American Airlines in February targeting the airline’s supplier-diversity programs, in which AAER claims that the airline unlawfully excluded potential contractors on the basis of race by reserving certain opportunities for companies owned by individuals from specific racial groups.
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