Legal Opinion
Criswell v. Western Airlines, Inc.
Court of Appeals for the Ninth Circuit
Decided June 28, 1983No. Nos. 81-5536, 81-5619, 81-6013, 81-6023 and 82-5082PublishedCited by 65 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Western Airlines, Inc. appeals two adverse decisions in which the district court found that it had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34. The trial court determined that Western violated the ADEA when it (1) refused to allow DC-10 captains nearing the age of sixty to downbid to the position of flight engineer and (2) imposed a mandatory retirement age of sixty on flight engineers as a matter of company policy. The plaintiff airline pilots alleged both discriminatory treatment and disparate impact. Western raised four defenses: first,…
2Cases cited33 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Udall v. TallmanSupreme Court of the United States · 1965
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
28 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- John D. Starceski, at No. 94-3208 v. Westinghouse Electric Corporation, at No. 94-3182Court of Appeals for the Third Circuit · 1995
- Marjorie Reichman v. Bonsignore, Brignati & Mazzotta P.C. Bonsignore, Brignati & Mazzotta P.C. Pension PlanCourt of Appeals for the Second Circuit · 1987
- Takeda v. Northwestern National Life InsuranceCourt of Appeals for the Ninth Circuit · 1985
- Meacham v. Knolls Atomic Power LaboratorySupreme Court of the United States · 2008
- Joe E. Cooper, Plaintiff-Appellee/cross-Appellant v. Asplundh Tree Expert Company, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Tenth Circuit · 1988
60 more not listed; retrieve them via the Exa API.