| 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.
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.
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]
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]