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Western Air Lines, Inc. v. Criswell

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1985 U.S. Supreme Court case ruling mandatory retirement of flight engineers to be unjustified 1985 United States Supreme Court case
Western Air Lines, Inc. v. Criswell
Supreme Court of the United States
Argued January 14, 1985
Decided June 17, 1985
Full case nameWestern Air Lines, Inc. v. Criswell
Citations472 U.S. 400 (more)
ArgumentOral argument
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinion
MajorityStevens, joined by Burger, Brennan, White, Blackmun, Powell, Rehnquist, O'Connor
Marshall took no part in the consideration or decision of the case.
Laws applied
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."

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.

See also

Equal treatment
Equal Pay Act of 1963, 29 U.S.C. § 206(d)
Corning Glass Works v. Brennan 417 U.S. 188 (1974)
Civil Rights Act of 1964, 42 U.S.C. § 2000e-2
Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621-634
Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981)
St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993)
Federal Rules of Civil Procedure Rule 23
International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977)
General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 (1982)
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
See United States labor law and Civil rights movement

References

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

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