Equal Employment Opportunity Commission v. American Airlines, Inc.

EDITH H. JONES, Circuit Judge:

This is an action for age discrimination, 29 U.S.C. § 621 et seq., brought by the United States Equal Employment Opportunity Commission (“EEOC”) on behalf of a class of pilots age forty and over who applied and were denied employment by American Airlines, Inc. (“American”). Two separate claims of discriminatory hiring practices were alleged. First, EEOC charged that American’s policy of hiring only pilots who will progress to the rank of Captain discriminated against applicants on the basis of age. Second, EEOC alleged that American intentionally discriminated,…