As counsel to older pilots around the country challenging the Age 60 Rule, I have been litigating the FAA’s orders forcing hundreds of experienced pilots into retirement upon turning 60 years old. The recent enactment of the Fair Treatment for Experienced Pilots Act merely replaced one Age 60 regulatory rule with an even more arbitrary and capricious Age 60 statutory rule. Below is our contesting the enforceability of the act in our ten pending appellate cases.
Congress finally acted on the long-standing controversy in passing the Fair Treatment for Experienced Pilots Act, Pub. L. No. 110-135, 121 Stat. 1450 (2007), which President Bush signed on December 13, 2007. This law, however, replaced the age discriminatory rule with a series of age-discriminatory provisions barring benefits and procedural rights. The government now seeks to have all of the above captioned cases dismissed on the basis of the Act. Thus, according to the government, even if the pilots were entitled to relief in their challenge of the denial of waiver under the Age 60 rule, they are now barred from challenging the Act that replaced the rule.
For the most recent filing, click here