Western Air Lines, Inc. v. Criswell explained

Litigants:Western Air Lines, Inc. v. Criswell
Arguedate:January 14
Argueyear:1985
Decidedate:June 17
Decideyear:1985
Usvol:472
Uspage:400
Oralargument:https://www.oyez.org/cases/1984/83-1545
Majority:Stevens
Joinmajority:Burger, Brennan, White, Blackmun, Powell, Rehnquist, O'Connor
Notparticipating:Marshall
Lawsapplied:Age Discrimination in Employment Act of 1967

Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (1985), is a US labor law case before the United States Supreme Court concerning age discrimination.

Background

Western Air Lines required flight engineers to retire at age 60. Plaintiffs were forced to retire at 60 and brought suit at the Federal District Court. Defendant argued that the age requirement was a bona fide occupational qualification that was reasonably necessary for the airline's safe operations. The case proceeded to trial and a jury found for the plaintiffs after a trial.

Statutory background

The Age Discrimination in Employment Act of 1967 prohibits mandatory retirement prior to age 70, but section 4(f)(1) provides an exception: "where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business."[1] [2] [3]

Opinion of the Court

The Supreme Court held that it was lawful to require airline pilots to retire at 60, because the Federal Aviation Administration forbade using pilots over 60 in aviation. But the Court held that refusing to employ flight engineers over that age was unjustified as there were no such FAA requirements.[4] [5] [6]

See also

Notes and References

  1. Web site: Age Discrimination in Employment Act of 1967 . 2024-09-28 . US EEOC . en.
  2. Web site: bona fide occupational qualification (BFOQ) . 2024-09-28 . LII / Legal Information Institute . en.
  3. Web site: 29 U.S. Code ยง 623 - Prohibition of age discrimination . 2024-09-28 . LII / Legal Information Institute . en.
  4. Web site: U.S. Reports: Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (1985). . Library of Congress . 2 March 2024 . 1984.
  5. Web site: WESTERN AIR LINES, INC. v. CRISWELL, 472 U.S. 400 (1985) . FindLaw.
  6. Web site: Western Air Lines v. Criswell, 472 U.S. 400 (1985) . 2024-09-26 . Justia Law . en.