The U.S. Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines, alleging that the Dallas-based carrier operated two "chronically delayed flights" over a five-month span in 2022, resulting in 180 disruptions. The lawsuit, filed in the U.S. District Court for the Northern District of California, seeks "maximum civil penalties" for what the department says is a breach of passenger protection laws.
The flights in question, connecting Chicago Midway to Oakland, California, and Baltimore to Cleveland, reportedly experienced delays, cancellations, and diversions between April and August 2022. DOT regulations classify a flight as "chronically delayed" if it is operated at least ten times a month and arrives more than 30 minutes late over 50% of the time.
Transportation Secretary Pete Buttigieg emphasized the significance of the legal action in a statement, asserting, "Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times. Today's action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections."
Southwest Airlines expressed disappointment over the lawsuit, arguing that the claims do not reflect its overall operational performance. "Since DOT issued its Chronically Delayed Flight policy in 2009, Southwest has operated more than 20 million flights with no other CDF violations," the airline said in a statement. "Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years."
The airline, which completed over 99% of its flights without cancellations in 2024, attributed the disruptions to factors beyond its control and stated that it had resolved the scheduling issues.
The lawsuit comes amid broader scrutiny of airline operations, as the DOT has ramped up enforcement of consumer protections. Earlier this month, the department fined JetBlue Airways $2 million for operating four chronically delayed flights a total of 145 times between June 2022 and November 2023. Similarly, Frontier Airlines was hit with a $650,000 fine for delays on three routes, with half of the penalty suspended if the carrier avoids further violations over the next three years.
The allegations against Southwest are part of a series of challenges the airline has faced since late 2022, when a combination of winter storms and outdated crew scheduling technology led to mass cancellations over the Christmas holiday. The resulting chaos displaced thousands of passengers and drew intense criticism from both consumers and regulators.
In addition to the lawsuit, Southwest is implementing cost-cutting measures, including pausing corporate hiring, scaling back summer internships, and halting employee rallies. These actions come after the airline settled with activist investor Elliott Investment Management in October following a summer of pressure to improve operational efficiency.
