1. What is the basis for the determination that an employer should or should not be required to test applicants on an individual basis?
2. Should an employer have available as a defense that the cost of the tests would impose a great burden on the employer? Why or why not?

The evidence at trial established that the flight engineer’s “normal duties are less critical to the safety of flight than those of a pilot.” The flight engineer, however, does have critical functions in emergency situations and, of course, might cause considerable disruption in the event of his own medical emergency.
The actual capabilities of persons over age 60, and the ability to detect diseases or a precipitous decline in their faculties, were the subject of conflicting medical testimony. Western’s expert witness, a former FAA [Federal Aviation Administration] deputy federal air surgeon, was especially concerned about the possibility of a “cardiovascular event,” such as a heart attack. He testified that “with advancing age the likelihood of onset of disease increases and that in persons over age 60 it could not be predicted whether and when such diseases would occur.”