Lufthansa said the incident “resulted from an unfortunate series of inaccurate communications, misinterpretations, and misjudgments throughout the decision-making process.”
The German airline Lufthansa has agreed to a record $4 million penalty from the US Department of Transportation (DOT) in response to complaints that they illegally discriminated against Jewish passengers during their journey from New York to Hungary in 2022 after some of the passengers reportedly refused to comply with the airline’s mask policy.
The penalty—the largest ever issued by the DOT for a discrimination complaint, includes a $2 million credit for compensation Lufthansa has already paid out to the affected passengers “beyond that which is required by law.” Lufthansa has agreed to the terms of the DOT fine to avoid further litigation but maintains a position that the DOT doesn’t have jurisdiction over the discrimination complaint because the events in the complaint took place in Germany, and disagrees with the DOT’s assertion that discrimination occurred.
In May of 2022, a group of 131 passengers flew Lufthansa from New York’s JFK Airport to Budapest via Frankfurt. Onboard the flight from New York, Lufthansa crew observed several members of the group ignoring crew instructions to wear face masks and refrain from congregating in aisles, galleys, or near emergency exits. The passengers in the group mostly wore attire typically worn by Orthodox Jewish men, and later identified themselves as Jewish when interviewed by the DOT.
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Most of the passengers were not known to each other, but were traveling as part of a seat block reserved by travel agents who specialize in religious group travel. The passengers were traveling to Budapest to take part in an annual memorial honoring an Orthodox Jewish rabbi.
In response to the passengers’ behavior on the flight from New York, the crew sent an alert to security in Frankfurt, where local operations leaders put a hold on the entire group reservation, preventing the full group–128 passengers–from boarding their connecting flight to Budapest. All of the passengers with a hold placed on their ticket were Jewish. Because all but seven passengers on the flight to Budapest had the alert placed on their reservation, Lufthansa staff in Frankfurt departed from normal boarding procedures and boarded only the seven passengers who had not been placed under the security alert by calling their names, leaving the remaining group members “confused and upset” by the situation.
Most of the passengers denied boarding were rebooked to Budapest on Lufthansa flights later the same day, while some elected not to continue their journey on Lufthansa and chose other means to reach their destination.
Most U.S. carriers had retired their mask mandates before May 2022, but during the flight Lufthansa still required passengers and crew to wear masks onboard in compliance with German law.
Several of the passengers interviewed by the DOT stated that only a small number of passengers were refusing to wear masks or follow crewmember instructions, but that Lufthansa prevented the entire group—of which every passenger was Jewish—from boarding their next flight at Frankfurt. It is for this reason that the DOT maintains (over Lufthansa’s objections) that they were illegally discriminated against.
Lufthansa’s response indicated the size of the group prevented them from individually identifying passengers who weren’t complying with crewmember instructions. They also advised their crew “did not discriminate against any passenger on the basis of perceived religion or ethnicity or manifest any intentional malice or ill intent toward any passenger,” noting that some crewmembers “permitted and facilitated praying by small gatherings of passengers during the flight” which they say demonstrates lack of discriminatory feelings or actions based on perceived religion.
Lufthansa further noted that a large group of 60 passengers repeatedly ignored crew announcements and in-person instructions, and argued with Lufthansa crew and other passengers who reminded them to wear masks. Lufthansa added that the passengers obstructed the crew from offering food and beverage service to other passengers in the Economy cabin.
The DOT also holds that because the passengers began their journey in the United States and were traveling on a single ticket to Budapest, US anti-discrimination laws protect the passengers throughout their journey. Similarly, the E.U. consumer protection law E.U. 261 applies to passengers who experience a disruption on connecting flights outside the European Union when their journeys begin in the E.U.
In addition to claiming the DOT doesn’t have jurisdiction to enforce the passengers’ discrimination claim, Lufthansa rejects the Department’s allegation of discrimination because the employees in Frankfurt who made the decision to deny the passengers onward travel didn’t interact with them and weren’t notified of the passengers’ religion or ethnicity, pointing out that the alleged conduct is “strictly prohibited at Lufthansa.” They said the incident “resulted from an unfortunate series of inaccurate communications, misinterpretations, and misjudgments throughout the decision-making process.”
Lufthansa further stated in response to the DOT that it “is proud of its role in connecting people, cultures, and communities across the globe, and has zero tolerance for any form of religious or ethnic-based discrimination.” They further stated that following the incident, “Lufthansa enhanced its support of international efforts to combat antisemitism in close cooperation with the Jewish community as well as engaged with the German Federal Government’s Commissioner for Jewish Life in Germany and the Fight Against Antisemitism.”
Lufthansa also noted that it is “the first airline to adopt the principles of the International Holocaust Remembrance Alliance (IHRA), including the IHRA’s definition of antisemitism,” and that it has “taken a leading role with other German companies in the ‘Never Again is Now’ campaign in Germany which supports Germany’s Jewish community.”
