Southwest Airlines is being taken to court by the Department of Transportation due to allegations that they oversaw two persistently delayed flights in 2022, leading to a whopping 180 flight disruptions.
The legal action, initiated on Wednesday in the US District Court for the Northern District of California, aims to impose hefty penalties, as stated in a DOT press release. This lawsuit alleges that Dallas-based Southwest Airlines is damaging passengers and fair competition within the aviation sector. After an investigation, the DOT found Southwest responsible for two persistently delayed flights – one between Chicago Midway and Oakland, California, and another between Baltimore and Cleveland.
Over a six-month period from April to August 2022, these flights experienced 180 disruptions, contributing to Southwest's most turmoil-filled phase in its 50-year history. The airline's missteps resulted in continuous delays of five months on both routes.
According to Bureau of Transportation Statistics records provided to the DOT, Southwest accounted for approximately 90% of these disruptions, under Department of Transportation (DOT) rules considering cancellations and diversions as delays.
Outgoing Transportation Secretary Pete Buttigieg expressed that this lawsuit is a testament to the department's goal in safeguarding passenger rights. The lawsuit accuses Southwest of failing to adjust its schedule to circumvent the delays.
As per DOT regulations, a flight is labeled 'chronically delayed' if it is flown at least 10 times a month and is delayed more than 50% of the time. Incidents such as cancellations and diversions are included in this calculation to assess the frequency and severity of late arrivals.
In a statement, Buttigieg stated, "Airlines hold a legal responsibility to ensure their flight schedules furnish travelers with accurate departure and arrival timelines." He emphasized that the lawsuit serves as a warning to all airlines that the DOT would diligently uphold passenger protections.
Southwest encountered one of its most significant passenger disturbances at the conclusion of 2022, resulting in countless passengers' disruptions during the Christmas holiday. This chaos was a combination of outdated technology disrupting crew scheduling and the impact of heavy winter storms.
A spokesperson for Southwest expressed disappointment that the department had filed a lawsuit concerning flights from over two years ago. The airline boasted a rate of over 99% flight completions without cancellation in 2024.
"Since the DOT introduced its Chronically Delayed Flight policy in 2009, Southwest has operated more than 20 million flights without any other violation of this policy," the airline ascertained. It asserted that branding these two flights as an unrealistic schedule was implausible considering its track record over the previous 15 years.
In addition to these challenges, Southwest announced cost-cutting measures this week, including halting corporate hiring and promotions, canceling certain summer internships, and suspending employee rallies dating back to the airline's early years.
This decision follows an all-summer-long activist investor challenge to Southwest, pushing for change. However, Southwest resolved this situation with Elliott Investment Management in October.
The DOT is imposing a penalty of $650,000 in civil penalties on budget carrier Frontier Airlines for delays. The airline will be required to pay $325,000 to the U.S. Treasury, and the remaining $325,000 will be waived if Frontier operates no more chronically delayed flights within the next three years.
Earlier this month, the department imposed a $2 million fine on JetBlue Airways for flight delays. An investigation revealed JetBlue operated four chronically delayed flights at least 145 times between June 2022 and November 2023, with each flight being delayed for five months or more consecutively. [1][2][3][4][5]
Southwest's legal troubles in the aviation sector continue to escalate, as the aviation industry faces scrutiny for chronically delayed flights. This recent lawsuit alleges that Southwest's mismanagement led to over 180 disruptions on two specific routes, significantly impacting travelers' plans.
The aviation industry's responsibility to maintain accurate departure and arrival timelines is non-negotiable, according to Transportation Secretary Pete Buttigieg. This lawsuit against Southwest serves as a reminder that the Department of Transportation (DOT) will uphold passenger protections and penalize airlines for failing to meet these standards.
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