Age 60 Rule Summary
Case Study: The Age 60 Rule Professional Pilots Federation, ET AL v. FAA 118F. 3d 758 (1997) 1. Why do you agree or disagree with the circuit court’s assessment in this case? • In this case the Professional Pilots Federation challenged the FAA’s decision not to issue a rulemaking to repeal the Age 60 Rule. The Pilots argue that the current rule violates both the Age Discrimination in Employment Act (ADEA) and the Administrative Procedure Act (APA). First, that the discrimination of age is in “direct conflict” with the ADEA. Secondly, that it is in violation of the APA, because reasonable alternatives were not considered, a decision was reached in opposition of the evidence offered, and also that no reasoning was provided for the basis of treating …show more content…
Why or why not was the FAA arbitrary or capricious in deciding not to amend the Age 60 Rule? • Based on the case summary it does not appear that the FAA was arbitrary or capricious leading up to their decision. The FAA considered relaxing the Age 60 Rule several times over the years, and after the release of the Hilton Study the FAA announced that it would be seeking public comment on a proposed rulemaking of the Age 60 Rule. The FAA appears to follow the requirements set forth by the APA. • Consequently, in the wake of a series of accidents by commuter airlines, the FAA’s focus was turned towards bringing these commuter airlines under more stringent safety standards. Ultimately, in doing so the FAA also decided not to repeal the Age 60 Rule. • In light of the facts presented by the Hilton Study, I feel that the FAA may have arbitrarily overlooked an opportunity to repeal the Age 60 Rule. The study indicated a decline in accidents from pilots approaching age 60, and that this decline may have been in part to the already rigorous medical standards set forth by the FAA, which was weeding out potentially hazardous pilots. I feel that the FAA’s response to not repealing the rule was vague and did not address the findings of the study, or the arguments presented from the Professional Pilots
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