Exxon had a policy of requiring its corporate pilots to retire at age 60. The company employers
Question:
Exxon had a policy of requiring its corporate pilots to retire at age 60. The company employers numerous pilots who fly jet planes to and from various locations worldwide. However, although many of their duties are similar to those of commercial pilots, the corporate pilots are not subject to the same Federal Aviation Administration (FAA) regulations as pilots employed by airlines. At the time of the forced retirements in question, the FAA required commercial pilots to retire at age 60. Based on revised medical evidence and information about the practices of other countries, Congress enacted the Fair Treatment for Experienced Pilots Act in 2007, allowing commercial pilots to fly until they are 65. Instances of pilots becoming incapacitated during flights are rare but not unheard of. Three pilots who were forced to retire at age 60 and shortly before the FAA regulations for commercial pilots were changed sued Exxon for age discrimination. What should the court decide? Why?
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