rjlavender

This will be used in the pilot lawsuit against the FAA and, similarly, in an EEOC duty of fair representation/Age Discrimination action against ALPA (complaints are now being logged by individual pilots):

Mickey provides historical background:

This argument between the EEOC and the FAA did not begin on November 23, 2006. The FAA has allowed foreign carrier pilots, past the their 60th birthday, into this country for many years. The only thing that changed on 11/23/06 was that the PIC could also be over 60. The EEOC removed the BFOQ status of FAR 121.383 in 1981.

The EEOC has prevailed in court against many corporations who have imposed an age 60 limit on their pilot ranks [e.g., Boeing and Lockheed test pilots]. The EEOC hasn't taken the FAA to court because they are prohibited from suing another agency of the government. That the EEOC is unable to force the FAA to comply with the ADEA does not exonerate the government agency. The Age 60 Class Action Project (CAP) intends to do what the EEOC is not permitted to do.

FAR 121.383 requires the petitioner for an exemption to prove their exemption will not reduce the current level of safety. A hurdle that, although dubious, is apparently insurmountable inthe eyes of the courts. The burden under the ADEA, however, is for the party imposing the age limit, the FAA in this case, to defend that restriction as a legitimate Bona Fide Occupational Qualification. The FAA cannot provide that level of defense in the eyes of the EEOC, and probably not before the courts.

Pilots who made it to 60 and lost their jobs without justifiable cause deserve a day in court, and compensation. Going to court takes money. I urge you to visit www.age60cap.com and support this effort to contest the FAA Age 60 Rule in a fair court battle where unsupported assertions can be challenged by witnesses, cross-examination, and evidence.

Regards,

Mickey Oksner
Administrator, Age 60 CAP

BoilerUP

What about air traffic controllers being forced to retire at age 56?

And why does one have to be 23 in order to get an Airline Transport Pilot license?

Why is the minimum age to become President arbitrarily set to 35?

Or what about the fact I could be drafted and issued an M4 and M9 at age 18 but I couldn't legally buy a Beretta 92 (or a friggin' beer) until age 21?

STILL GROUNDED

Whats the hub bub, the Faa already said there will be a Rule change, just not what its going to be yet, stay tuned I think you'll see something in the next 2-3 months. You realize it will take 2 years to get anything done once they make the cange, don't you?

FreightDawgyDog

WAAAHHHHH...

What a bunch of crying babies. What ever happened to dignity? You all knew of this rule when you became airline pilots. Now that you have your seniority because of it you want to change it to get 5 years more at every one else's expense. I just hope whatever change happens leaves this group of whiners out of it and is grandfathered.

rjlavender

The Air Traffic Controllers may, under waiver, work to 61. The former PATCO controllers who were hired prior to May, 1972, and who are now being recalled, have NO age limit. 56 is unjustifiable and the FAA is being sued over it by PATCO.

The point is that some age limits are justifiable and some are not. The entire world may now fly into, over, and around the U.S past the age of 60, including American pilots flying under FARs 91 and 135, same passengers and airplane types. All of this, in my opinion, would argue that the Age 60 rule is not only unjustifiable but irrational.

Bob

rjlavender

Mickey's announcement and website is addressed and dedicated to those who have already been unfairly put out of a job by the FAA and who wish to recover lost wages. Their effort is just getting started.

*

jsled

They can sue till they are blue, not going to collect a dime. Did you know that you have to be 31 or younger to even apply to be an ATC controller? It is Federal Law. Talk is cheap, but the law says you must punch out at 60. I believe the FAA will issue a NPDM to change age 60 in the near future. IF all goes well, look for the change in mid 2008. Thousands will retire between now and then.

PS. Only controllers hired before the 56 retirement rule are allowed to stay past 56. Guys hired since the rule, must retire at 56.

jungle

Trying to get unearned compenstion through the courts has already been tried several times. All of those efforts failed.
We don't make the rules, but we do have to live by them.
Does anybody really believe the courts will order massive payouts in an industry beset with failure that has passed massive debt to the shareholders, government and employees?
You'd probably have about the same luck suing for those Social Security payments you are never going to get.

rjlavender

Air traffic controllers are eligible to retire at age 50 with 20 years of service as an active air traffic controller or after 25 years of active service at any age. There is a mandatory retirement age of 56 for controllers who manage air traffic. However, Federal law provides for exemptions to the mandatory age of 56, up to age 61, for controllers having exceptional skills and experience.

Ref: http://www.bls.gov/oco/ocos108.htm

Albief15

Pay your dues.