The El Paso Natural Gas Company had a rule that pilots of the company’s private planes must either accept ground jobs or retire at age sixty. Pilots’ duties included night flying, visual flying, and instrument flying. Transfer to a ground job at age sixty was permitted if onewas available.Otherwise, the pilotwas forced to retire. El Paso argued that it was impractical for the company to try to monitor the health of a pilot after age sixty and that the FAA regulation requiring retirement of commercial pilots after age sixty was prima facie proof of the legality of the company’s rule under the ADEA BFOQprovisions.

Do you agree? Explain your answer. See EEOCv.

El Paso Natural Gas Co. [626 F. Supp. 182 (W. D.

Tex. 1985)].