A federal court in Texas has held that a group of corporate pilots failed to show they were subjected to age discrimination when they were forced to retire at age 60. See EEOC v. Exxon Mobil Corp. (N.D. Tex, April 28, 2008). In ruling for the employer, the court held that the employer?s policy is a bona fide occupational qualification (BFOQ) and does not violate the Age Discrimination in Employment Act (ADEA). The court also held that the employer?s reliance on the Federal Aviation Administration (FAA)?s age 60 rule is probative of a BFOQ because the work performed by the corporate pilots is congruent with the work performed by commercial pilots in all material ways.
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