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AGE DISCRIMINATION
U.S. Airways Pilots Age Discrimination Litigation
Chimicles & Tikellis LLP filed a class action complaint in the Eastern District of Pennsylvania against U.S. Airways, Inc. (“USAir”) and the Air Line Pilots Association, International (“ALPA”). The complaint alleges that the Defendants discriminated against members of the class on the account of their age in violation of the Age Discrimination in Employment Act, and asserts that ALPA (the certified bargaining representative of all pilots employed by USAir) breached its duty of fair representation to class members. The complaint seeks class and collective action status on behalf of all persons who are or were employed by USAir as pilots, flight instructors, or check airmen, and who, within the applicable statute of limitations period, have been precluded (or are threatened with being precluded) from employment on non-part 121 flights, flight instructors, or check airmen because of the Defendants’ alleged conduct of involuntarily terminating their employment when they reach the age of 60.
Under the Federal Aviation Administration regulations, commercial pilots are prohibited from piloting domestic passenger flights once they reach the age of 60 (the “Age 60 Rule”). According to the complaint, the Age 60 Rule generally prohibits pilots from piloting Part 121 flights (principally domestic passenger flights), but it does not require their termination or retirement, and it does not prevent these employees from performing any of the other duties that they are qualified to perform, including piloting international flights and serving as flight instructors, ground instructors, check airmen, and other duties. The complaint alleges, however, that the defendants have applied the Age 60 Rule in an overly broad manner, forcing the complete termination and forfeiture of union seniority of all pilots when they reach the age of 60. According to the complaint, USAir’s termination policy, and its agreement with ALPA to enforce such policy, are inconsistent with the Age 60 Rule, and are far broader than the rule requires.
The complaint filed by Chimicles & Tikellis can be viewed by clicking here.
For further information, you may contact:
Nicholas E. Chimicles (Nick@chimicles.com), or
Michael D. Gottsch (MichaelGottsch@chimicles.com), or
Benjamin F. Johns (BenJohns@chimicles.com)
Chimicles & Tikellis LLP
One Haverford Center
Haverford, PA 19041
1-866-399-2487
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