''Western Air Lines, Inc. v. Criswell'', 472 U.S. 400 (1985), is a
US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
case before the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
concerning age
discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
.
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
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by Pr ...
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."
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
The Federal Aviation Administration (FAA) is a Federal government of the United States, U.S. federal government agency within the United States Department of Transportation, U.S. Department of Transportation that regulates civil aviation in t ...
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.
See also
*
United States labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
*
ADEA
References
External links
* {{Caselaw source, case=''Western Air Lines, Inc. v. Criswell'', {{ussc, 472, 400, 1985, el=no
, justia=https://supreme.justia.com/cases/federal/us/472/400/
, loc=https://tile.loc.gov/storage-services/service/ll/usrep/usrep472/usrep472400/usrep472400.pdf
, oyez=https://www.oyez.org/cases/1984/83-1545
, findlaw=https://caselaw.findlaw.com/court/us-supreme-court/472/400.html
1985 in United States case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
United States employment discrimination case law