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Volume 4, Numbers 5 and 6
BOEING AND EEOC SETTLE AGE DISCRIMINATION CASE
The Equal Employment Opportunity Commission and The Boeing Co. have entered into a tentative consent decree to settle a six-year old lawsuit in which the EEOC alleged that the company's policy of removing test pilots from flight status at age 60 violated the Age Discrimination in Employment Act (which prohibits dis crimination in employment against persons 40 years of age or older). In 1986, the federal district court ruled in favor of the company, finding that the policy could be justified by the ADEA's bona fide occupational qualification exemption. The Ninth Circuit Court of Appeals in 1988 ruled that the validity of the policy should be determined by a jury and remanded the case to the district court.
The consent decree provides for a medical review program that will evaluate the fitness of pilots over the age of 60. Initially, statistical data will be collected on the physical and mental status of all pilots, and then annual ly for five years on pilots 57 years and older. The consent decree also raises the age of pilot termination to 63 for five years, and provides for the award of $4.4 million to 29 former pilots who were forced off the job at age 60. After the five year study, Boeing will reassess its policy and decide whether to lift the age 60 ban per manently.
In announcing the agreement, EEOC Chair Evan Kemp, Jr. said:
"With this agreement, EEOC is breaking new ground in dealing with age discrimina tion, specifically age ceilings for pilots. The agreement calls for a totally new testing procedure that may provide us with better tools to fight employment discrimination."
General Counsel Charles A. Shanor said:
"I am confident that these tests will conclusively demonstrate that modern medical ex aminations and pilot proficiency evaluations are a far more accurate means of deter mining pilot competency and safety than the use of chronological age. The older, well -evaluated, medically cleared pilot brings to the job experience and judgement vital to the safety of our airways."
The district court judge held a fairness hearing on May 11.
  
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