Gerald E. SMALLWOOD, Appellee, v. UNITED AIR LINES, INC., Appellant; Gerald E. SMALLWOOD, Appellant, v. UNITED AIR LINES, INC., Appellee
Court of Appeals for the Fourth Circuit
1Opinion of the Court
DONALD RUSSELL, Circuit Judge:
This is an action under the Age Discrimination in Employment Act (ADEA) 1 in which the plaintiff (Smallwood) challenges the refusal of the defendant United Air Lines, Inc. (United) to process his application for employment as a flight officer under a rule providing that an application for employment as a flight officer would not be processed if the applicant were over 35 years of age. The plaintiff was shown on his application to be 48 years of age. At trial of the action the defendant sought to defend against the charge of a statutory violation by asserting,…
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