Depending on the profile used, that is fine. For example previous DUI, accidents, and incidents. However, EEO prohibits an employer from making employment "decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group." (
Discriminatory Practices)
No, the feds have not taken his certificates away. But being on the watch list impacts his ability to clear security. This directly affects his employer for dead heading (may take too long to clear security to make the flight). It affects
him directly by making him show up to work sooner to clear security (this may also affect the company regarding rest periods). And being on the list could make commuting virtually impossible.
Actually, the fact that the feds have NOT taken his certificates away begs the question Just How Worried About Him Are They? If he were a real risk of taking down an airplane, wouldn't taking his certificates be the first logical step to stop him? He IS SITTING at the controls: the bullet proof cockpit door is not gonna stop him!
The whole idea of a TSA watch list is absurd. It negatively impacts people who are no threat, while giving the bad guys a warning of being under investigation. Maybe the TSA figures the bad guys won't change their names.