The Federal Aviation Administration (FAA) has promulgated a federal regulation that prohibits airlines from employing pilots or
Question:
The Federal Aviation Administration (FAA) has promulgated a federal regulation that prohibits airlines from employing pilots or copilots past age 60. The FAA's rule is recognized by the courts as a bona fide occupational qualification under the ADEA due to the administration's recognition that the possible onset of disease or debilitating condition would pose a flight safety risk.
Western Airlines maintained a policy that all flight deck personnel must retire at age 60. Flight deck personnel include the pilot, copilot, and second officer (sometimes referred to as a flight engineer). The duties of a flight engineer are performed at a separate instrument panel, where various systems necessary for the operation of the aircraft, such as the electrical and hydraulic systems, are monitored and adjusted. The engineer does not manipulate the flight controls, and in the event of an emergency, all pilots and copilots having previously served as flight engineers are qualified to perform the necessary duties.
Ron worked as a flight engineer for Western Airlines for more than 30 years. As his 60th birthday approached, he informed Western management that he wanted to continue working past age 60. The airline told Ron that as members of the flight deck, second officers were required to retire at 60 for the same reasons as pilots and copilots.
Ron, Criswell, and others brought an action against Western under the Age Discrimination in Employment Act, claiming that Western's mandatory retirement policy was a form of age discrimination against flight engineers. Western denied the claim.
What defenses, if any, are available to Western Airlines to support its retirement policy? Has Western engaged in age discrimination? Decide the case. [Western Air Lines, Inc. v. Criswell et al., 472 U.S. 400]
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