US Airways pilot initiates a class action suit against US Air, ALPA, and AFL/CIO:
Gene Carswell, a US Airways pilot and long-time, active opponent of the age 60 rule recently initiated yet another class action suit to press for change. Although Carswell's initial filing (see below) was pro se (by himself), the pleading was prepared and will be prosecuted by an experienced discrimination attorney, Rosemary Dettling. (Bio) Announcement by Gene Carswell. (With link to his new website, www.age60classaction.com) Carswell pro se Pleading.
[EdComment: This is the third in a series of legal actions, each pursuing the same essential ends, but through slightly different means -- prompt repeal of the current age 60 rule, prompt adoption of no less than parity with the new ICAO rule, at no later date than the effective date of that rule, affirmative support by employers, and non-discriminatory representation by the unions. And damages for the injuries incurred through the continuing opposition.
The narrow structure of this suit -- targeting Carswell's own employer and bargaining agent -- seems as if it could be adopted and adapted by pilots at other unsupportive carriers as well. It could also suggest to the less supportive carriers and unions that continued opposition to change, to parity, and timeliness might not be in their best intrests. ]
Can anyone point me to the various (if there are more than one) class action suits going on right now against the FAA for changing the age 60 rule and not grandfathering in those who still had to retire because their 60th birthday came before the new legislation was signed? I missed that date by only three months and was forced out last September.
Can anyone point me to the various (if there are more than one) class action suits going on right now against the FAA for changing the age 60 rule and not grandfathering in those who still had to retire because their 60th birthday came before the new legislation was signed? I missed that date by only three months and was forced out last September.
you can still go out and get hired can't you? is there anything from preventing you from doing that?
I'm curious why pilots over 60 think they should be able to go back to your original seniority?
...I'm curious why pilots over 60 think they should be able to go back to your original seniority?
There is a 73-page brief that comprehensively answers your question. The brief was submitted to the U.S. Court of Appeals, District of Columbia Circuit, by Jonathon Turley, Lead Counsel for the Senior Pilots Coalition http://www.seniorpilotscoalition.org/ for the Petitioners. The FAA and DOT were the Respondents.
It is difficult to summarize the brief, but I think a major issue comes down to the ICAO change to the age occurring on November 23, 2006, and the FAA not following the law in providing exemptions for those who applied to remain flying, despite the fact that pilots from foreign airlines could fly into the United States.
The following are brief excerpts from the SPC/Turley filing to the D.C. Court of Appeals. I expect the entire brief may be posted before too long at FAA's Age 60 Rule Homepage
This case originated as Petitions for Review by senior pilots who challenged orders from the FAA denying them exemptions to the Age 60 Rule without any consideration of their abilities, health, or experience...
The blanket denial of exemptions based on age conflicts with the basic premise of the law that the Age 60 Rule is subject to individual exemptions where pilots can show that air safety would not be compromised by their continued service. Even if these pilots can show that their skills and performance are as good as or better than those of younger pilots, the government has maintained that it will not consider that information, despite the express language of the regulation that exemptions are based on pilots showing that they "would not adversely affect safety." Given the fact that the international aviation community and the FAA have dismissed the notion that pilots become presumptively incapable or unqualified at age 60, the refusal to address the individual petitions on their merits constitutes an arbitrary and capricious denial of these exemptions – and ultimately the livelihood of these senior pilots.
Can anyone point me to the various (if there are more than one) class action suits going on right now against the FAA for changing the age 60 rule and not grandfathering in those who still had to retire because their 60th birthday came before the new legislation was signed? I missed that date by only three months and was forced out last September.
The Class Action Project (CAP) is brining suit against the FAA, challenging the constitutionality of any unsupported age limit on airline pilots. The FAA's Age limitation Rule is blatantly unconstitutional. Without due cause, the government of the United States does not have the right to deprive a person of his/her livelihood as an airline pilot.
No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ---- Fifth Amendment to the United States Constitution
CAP Plaintiffs will show that they Pilots lost their airline pilot jobs solely for achieving their 60th birthday. Consequently the Plaintiffs lost wages, benefits, savings, and the satisfaction of remaining productive in a gratifying, challenging occupation of choice.
you can still go out and get hired can't you? is there anything from preventing you from doing that?
I'm curious why pilots over 60 think they should be able to go back to your original seniority?
Why should any airline pilot be forced out of employment and loose seniority solely because of age? No one has the right to take away one’s profession without due cause, it is just plain wrong.
In the real world people retire when they want to, not because of some stupid notion that they should move over just so younger people can advance in their careers a few years earlier.
I fought the good fight to end the Age 60 Rule and until the very last, I was confident that the Congress would vote on changing the age 60 Rule before my 60th birthday.
I flew for a regional airline based in my hometown. When I hired on in 1989 over 90% of the pilots senior to me were also younger than me, so I did not progress up the seniority list by retirement attrition. I progressed by my company’s expansion.
When I first started flying for my company, we were a part 135 carrier and for that reason I chose to stay because I wanted to build my seniority until age 65 when my 401K would allow me to retire. Then in 1995 the FAA changed the rules and forced my company to convert to Part 121.
I have been active in trying to change the age 60 rule since I was 18 years old. In 1965, I remember helping my then next door neighbor, a Western Airlines Captain and a Western ALPA EXCO member. I stuffed envelopes for a campaign to repeal the age 60 rule. I recall this pilot often saying, this age 60 rule will be a thing of the past long before you reach age 60. I cannot believe that it was still in place over 42 years later when I turned age 60.
The Class Action Project (CAP) is brining suit against the FAA, challenging the constitutionality of any unsupported age limit on airline pilots. The FAA's Age limitation Rule is blatantly unconstitutional. Without due cause, the government of the United States does not have the right to deprive a person of his/her livelihood as an airline pilot.
No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ---- Fifth Amendment to the United States Constitution
CAP Plaintiffs will show that they Pilots lost their airline pilot jobs solely for achieving their 60th birthday. Consequently the Plaintiffs lost wages, benefits, savings, and the satisfaction of remaining productive in a gratifying, challenging occupation of choice.
What about those 18 year old pilots who want to fly as captain for a major airline?
What about those 18 year old basketball players who want to play in the NBA?
How about the 24 year old who wants to be a U.S. represenative?
Or, the 29 year old who want's to be a U.S. Senator?
How about the 34 year old who wants to be President?
There is age discrimination written in a lot of the laws of this great country and they are prefectly legal. The 5th Amendment doesn't guarantee that those laws will be deemed to be unconstitutional, it just says there will be due process for them.
In this case, the congress has mads it's decision based on many factors. They held hearings, gathered information from many sources, allowed all interested parties to voice their concern, then voted. There was due process and they made their decision nearly unanimously.
The good news is that you ARE old enough to become a U.S representative, a U.S. Senator, or President of the United States. Run for office to change the law, if you want. But, just to be fair why not allow the younger pilots to fly PIC sooner so as not to deprive them? Or, is it just about you,you, and you?
Give it a rest. Better yet, get some rest and enjoy your retirement.
(Especially, since thousands of pilots are facing furlough right now because of the oil crisis)
New K Now
__________________
Choice is an illusion, between those with power, and those without.
What about those 18 year old pilots who want to fly as captain for a major airline?
What about those 18 year old basketball players who want to play in the NBA?
How about the 24 year old who wants to be a U.S. represenative?
Or, the 29 year old who want's to be a U.S. Senator?
How about the 34 year old who wants to be President?
There is age discrimination written in a lot of the laws of this great country and they are prefectly legal. The 5th Amendment doesn't guarantee that those laws will be deemed to be unconstitutional, it just says there will be due process for them.
In this case, the congress has mads it's decision based on many factors. They held hearings, gathered information from many sources, allowed all interested parties to voice their concern, then voted. There was due process and they made their decision nearly unanimously.
The good news is that you ARE old enough to become a U.S representative, a U.S. Senator, or President of the United States. Run for office to change the law, if you want. But, just to be fair why not allow the younger pilots to fly PIC sooner so as not to deprive them? Or, is it just about you,you, and you?
Give it a rest. Better yet, get some rest and enjoy your retirement.
(Especially, since thousands of pilots are facing furlough right now because of the oil crisis)
New K Now
The U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and theAge Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination against individuals at least 40 years of age.
Under the ADEA, it is unlawful for an employer to have a maximum age limitation for its employees unless the employer can establish that the age limitation is a bona fide occupational qualification (BFOQ), “reasonably necessary to the normal operation of the particular business.”
The EEOC has established that the age of an airline pilot who is over the age of 40 years does not qualify as a BFO.
“The [FAA’s] Age 60 Rule runs counter to the narrow scope of the BFOQ defense and the fact-specific, case-by-case analysis it requires. Pilot skills and health can be assessed accurately on an individual basis, regardless of age, thus eliminating the need for dependence on a maximum age.” --- EEOC
CAP Plaintiffs will show that they Pilots lost their airline pilot jobs solely for achieving their 60th birthday. Consequently the Plaintiffs lost wages, benefits, savings, and the satisfaction of remaining productive in a gratifying, challenging occupation of choice.
will these same people say how they had the opprotunity for gained wages, benefits, savings, and the satisfaction of their job in the airline business while others were retiring at 60. will they also show that if they came back that they would cause a decrease in wages, benefits, savings, quality of life for those of us in it. I'm not trying to be mean or sarcastic but it seems to me that they want their cake and to eat it too.
they did lose their job by turning age 60 but that door has reopened and I'm curious if they are actively trying to get jobs in the 121 world? (not just their old job back) did they go out and fly 135 or part 91 after they turned 60.
when you were trying to get age 60 changed, what did you want?
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Age 60 class action lawsuit
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