Airline has three cockpit positions: flight officer, copilot, and pilot. It has a policy of requiring flight officers to advance to the post of pilot or be fired, a progression that takes about 10 to 15 years. The FAA requires retirement at age 60. Applicant is 45 years old and otherwise fully qualified. Airline rejects her application on the basis of its policy of not hiring flight officers over the age of 30. Applicant files suit. At trial, evidence is presented showing that the incidence of aviation accidents decreases as a pilot gains experience and that the best experience for Airline’s purposes is acquired by flying in Airline’s three cockpit positions. Under the Age Discrimination in Employment Act (ADEA), Applicant will most likely
A. Win because the act applies to persons who are at least 40 but not yet 65.
B. Lose because Airline has a bona fide occupational qualification (BFOQ) defense.
C. Win because the BFOQ defense applies only to discrimination based on sex, religion, and national origin.
D. Lose because age is a permissible basis for discrimination.
FAR 05/27/14; 786/110 - Done !