14 K 4, Sick Percentage
 

Take a look on DeltaNet, Crew Resources, 14 K 4 tracking... sick percentages by combined category (A and B together) sorted by percentage of block hours. Not many surprises... new categories have the lowest use, and narrow bodies are generally lower than widebodies (ER categories muddy the waters). Without access to the underlying data, it seems to me that less senior pilots fare better than more senior pilots, when considering who gets 1 or 2 additional vacation days under the aforementioned C2015 PWA provision. Furthermore, I suspect there is an extremely strong correlation between pilot age and vacation incentive. Last I checked (whether intentional or not), if one's increasing age decreases his or her access to an employee benefit (paid vacation), an employer can be found to be age-discriminating. Age 65 is clearly age discrimination, but prior to reaching that federally-mandated cutoff, are we to simply accept age discrimination? Does anyone have the data to measure correlation?

Really???

Did you just throw this out to see if it sticks? Or are you really concerned?

I'd rather revisit, "What does out of seniority mean"

Nobody is being denied access to extra vacation. Bid to a category with less sick usage.

And age 65 isn’t age discrimination, either.

I think you would fall short trying to prove there is a disparate impact when it comes to the severity of harm prong of an ADEA claim. Losing the potential for one to two extra days of vacation (among 5 allotted weeks) versus having 270 hours of sick leave available is an impact for sure....just not a very severe one.

Of course it is age discrimination....it is nothing more than an arbitrary number used to determine a pilot's mandatory retirement age. Now, even though it is age discrimination, you have no recourse under the ADEA because it is a government-imposed restriction....so, in effect, it is government-sanctioned age discrimination. And that makes it a-okay. 😊