The US Department of Transportation (DOT) has imposed a $4 million fine on Lufthansa for allegedly discriminating against Jewish passengers. This penalty, marking the largest ever civil rights fine levied by the DOT against an airline, arose from an incident in May 2022 when Jewish passengers on a flight from New York to Budapest, with a layover in Frankfurt, were collectively denied boarding. According to the DOT, 128 passengers, largely identifiable as Orthodox Jewish men due to their attire, were prevented from boarding in Frankfurt due to alleged misconduct by some of their group on the preceding flight, despite not knowing each other or traveling as an organized group, as explained in the official announcement.
The DOT emphasized that this action violated the passengers’ civil rights under 49 U.S.C. § 40127, which prohibits discrimination by foreign airlines based on race, color, national origin, religion, sex, or ancestry. This legal provision enabled the US to extend its jurisdiction to this incident on German soil through 49 U.S.C. § 41310, granting the DOT authority to intervene in activities by foreign airlines that affect public interest.
Lufthansa has publicly disagreed with the findings of the DOT, challenging both the allegations of discrimination based on perceived religious affiliation and the DOT’s legal rationale for jurisdiction. Nevertheless, the airline opted to resolve the matter through a consent order, agreeing to pay the aforementioned fine to avoid further litigation.
This development occurs amidst a rising global focus on combatting anti-semitism. Similar actions have been noted, such as a recent federal complaint against a Philadelphia school district for alleged anti-semitic practices, and ongoing concerns in America and Europe, as reflected in national surveys and reports from the EU Agency for Fundamental Rights.
For further details on the case and the decision by the US Department of Transportation, refer to the original coverage by JURIST here.