The U.S. Department of Justice filed a brief Thursday supporting a group suing Southwest Airlines over a travel program that gave free flights to some Hispanic students.
In a proposed statement of interest, the DOJ said it's seeking to clarify federal law protects the equal right of all Americans, regardless of race, and accused Southwest of discriminating against non-Hispanic students through its ¡Lánzate! or Take Off! Travel Award Program.
"The United States has a strong interest in protecting the civil rights of all Americans, including the right to be free from discrimination on the basis of protected characteristics," court documents say.
The ¡Lánzate! or Take Off! Travel Award Program was an annual program in partnership with Hispanic Association of Colleges and Universities, offering free Southwest Airlines flight vouchers for low-income Hispanic college and graduate students to go home to visit their parents.
Southwest said in email to KERA News it had updated its eligibility requirements last year following the suit to include applicants of all backgrounds.
"In 2024, Southwest Airlines and the Hispanic Association of Colleges and Universities updated the eligibility requirements of the ¡Lanzate! charitable program, which awards participants roundtrip flights for travel between their home and college or university," the email read. "Eligibility for the program is not limited by race, ethnicity, or national origin. Students are required to be enrolled at a college/university located at least 200 miles from the student’s home to apply."
The American Alliance for Equal Rights sued the Dallas-based airline last year alleging Southwest’s program illegally discriminated against non-Hispanic students after two of its members couldn’t apply because they weren’t Hispanic, according to court records.
"The American Alliance for Equal Rights is grateful that the U.S. Justice Department has recognized and supports our claim of discriminatory policies at [Southwest]," said Edward Blum, president of AAER in a statement to KERA News.
KERA News reached out to the DOJ and will update this story with any response.
The AAER filed a similar suit in February against American Airlines over its supplier diversity program on claims it excludes businesses owned by white men, according to court records. AAER said in the suit it represents two of its members who wanted to contract as suppliers with the airline, but “don’t meet American’s racial criteria.”
A screenshot of the airline’s website included in the suit states companies that qualify as a diverse supplier, “must be at least 51% owned, operated and controlled by one of these groups.” The list includes Black, Asian American, Pacific Islander, Hispanic, Native American, women, LGBTQ, those with disabilities, veterans and service-disabled veterans.
As evidence of discrimination in the Southwest Airlines suit, the DOJ cited an archived FAQ page for the program stating only Hispanic students are allowed to apply. In response, Southwest agreed to end the program in an effort to end the lawsuit. The airline sent AAER one penny — the amount they cited as damages — and asked them to voluntarily dismiss the case, according to court documents. AAER rejected the offer and said it wanted to go through with its suit.
In its filing, the DOJ said that while Southwest has not admitted the program discriminated based on race or ethnicity, there is no dispute that the program was “only for Hispanic students.”
“Discrimination of any kind will not be tolerated in our community,” Acting U.S. Attorney Chad Meacham for the Northern District of Texas said in a press release Thursday. “Our office will continue to enforce federal anti-discrimination laws to address racial discrimination affecting our residents.”
Got a tip? Email Penelope Rivera at privera@kera.org.
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