Author: Kathy McCormack
Source: Associated Press

CONCORD, N.H. - Southwest Airlines says it made a mistake when it asked an overweight passenger to buy a second seat on her flight - but not one of racial discrimination, as she claims.

Nadine Thompson shouldn't have been told that she needed to pay the extra fare for her outbound flight since she already had boarded the plane, Kathryn Gloria, manager of customer communications at Southwest's Dallas headquarters, testified Thursday.

Thompson, 48, of Exeter, had sued Southwest following her experience after boarding a flight in June 2003. Her lawsuit went to trial in U.S. District Court on Tuesday.

Thompson, who is black, alleges that Southwest used its "customer of size" policy in a discriminatory way against her. She refused to buy the second seat and eventually left the plane after two conversations with an employee, saying he did not explain himself. She then had a confrontation with another employee outside the plane, in the presence of two sheriff's deputies called there by Southwest.

Gloria testified that charging for the second seat is for the comfort and safety of the passenger and others; it's not a revenue-generating measure.

Gloria testified that charging for the second seat is for the comfort and safety of the passenger and others; it's not a revenue-generating measure. She said it also is "the customer's only way of letting Southwest know of a unique seating need," such as bringing on a musical instrument.

Thompson, CEO of a cosmetics company, was on her way to a conference in Chicago. She missed her flight because of a security equipment breakdown at Manchester Airport, then was booked on a flight with a connection in Nashville. The Nashville-to-Chicago flight was full, so that was a concern, Gloria said.

Gloria said that while the essence of the "customer of size" policy has been the same throughout the years, in an effort to clarify it, "we muddied the issue on occasion," and it became ambiguous. It since has been made clearer, she said.

Gloria testified that Southwest employees must sign nondiscrimination agreements and receive training. Jurors also watched an employee training video in which company co-founder and chairman Herb Kelleher talks about respecting one another in the workplace, and that there is no room for harassment and discrimination.

"It was driven home to us that this was an environment that will not tolerate discrimination of any type," testified David Wilson, a customer service supervisor for Southwest who approached Thompson on the plane.

Wilson said he first went on the plane to assess whether there was a passenger who was a customer of size about three-fourths of the way into the plane. He testified he didn't know the passenger's race.

He said he saw Thompson, noticing that her armrest was up and that she was encroaching on the seat next to her. Thompson has testified that the armrest was down.

Wilson said he left to confer with another employee, then returned to address Thompson, asking to speak to her outside.

"I wanted to try to create a place where it would be quiet ... given the sensitivity of the conversation," Wilson said.

He said he explained the customer of size policy to Thompson and that she asked whether her fare was refundable. Thompson also started to get upset and said she either can't - or won't - buy a second seat, Wilson said. She reboarded.

Wilson said he went to check on whether Thompson could get a refund as another worker called Southwest headquarters to get some guidance. The worker was advised that he might want to call security, Wilson said. Two sheriff's deputies were called and Wilson and a couple of other employees met with them at the jetway.

Wilson said he went on the plane again to reason with Thompson. He said she told him she was buckled in and her armrest was down. He asked her to stay seated and left to get another opinion.

Thompson came out shortly afterward, with her belongings, and saw the group, Wilson said. She started yelling and using profanity, saying the employees were racists, he said. She threatened to sue.

"At this point, I'm a bit overwhelmed at the reaction," Wilson said.

Thomas Sexton, a Rockingham County deputy sheriff who had responded to Southwest's call, also testified that Thompson was speaking loudly and using profanity. He said that neither Wilson nor other Southwest employees had raised their voices in response to Thompson.

By this time, another employee started to talk to Thompson and she went toward him, getting very close to his face, Wilson and Sexton testified.

"There were a lot of people waiting in the gate area," Wilson said. Thompson was saying, "'See what they're doing - they're throwing me off the plane because I'm fat.'"