I get your point, and future cases may weigh in on this point.
For now, it’s not law in industry. And, industry is different. Employees can leave if they don’t like it. The shareholders own the company. If the firm fails due to DEI policies, that is too bad…that’s how the market works.
If Paxton thinks he has a case, sue them. If not, regardless of my views of DEI untethered to Christian diversity, this is harassment. Besides, Paxton has a border problem-focus on that.
If an airliner crashes, post hoc customer lawsuits are hardly going to make everything right for the passengers.
There is no free market. There has never been a free market.
A company’s DEI compliance is required to gain contracts.
This is true in the utility industry. I would bet it’s true in aviation as well.