Legal Opinion

Smallwood v. United Air Lines, Inc.

Court of Appeals for the Fourth Circuit

Decided October 8, 1981No. Nos. 80-1111, 80-1153PublishedCited by 32 opinions

1Opinion of the Court

SPROUSE, Circuit Judge:

Gerald E. Smallwood, plaintiff below, appeals the judgment of the district court in favor of the defendant United Air Lines, Inc. in his age discrimination action. After a bench trial, the district court found that United’s rule denying employment to pilot applicants over the age of 35 was a bona fide occupational qualification (BFOQ) and that the airline did not violate the Age Discrimination in Employment Act1 by refusing to employ Smallwood because of his age. The major issue on appeal is whether the trial court’s decision was clearly erroneous in finding factually…

2Cases cited3 opinions

  1. City of Los Angeles Department of Water v. ManhartSupreme Court of the United States · 1978
  2. Arritt v. GrisellCourt of Appeals for the Fourth Circuit · 1977
  3. Catherine M. BURWELL Et Al., Appellees, v. EASTERN AIR LINES, INC., AppellantCourt of Appeals for the Fourth Circuit · 1980

3Cited by32 opinions

  1. Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985
  2. V. Ray Summers v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Tenth Circuit · 1988
  3. Stanley ORZEL, Plaintiff-Appellee, v. CITY OF WAUWATOSA FIRE DEPARTMENT, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1983
  4. Stewart v. SmithCourt of Appeals for the D.C. Circuit · 1982
  5. Wilfred H. VANCE, Appellee, v. WHIRLPOOL CORPORATION, AppellantCourt of Appeals for the Fourth Circuit · 1983

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