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Age Discrimination Act of 1967 The airline industry has been involved in several age discrimination cases due to their pilots required retirement policy which states that pilots must retire at age 60 The airlines main concerns are that the pilots are not physically capable to perform job duties adequately after age 60 It is thought that job performance declines with increasing age People may become less coordinated and attentive develop slower reaction times and may develop degenerative eyesight The airlines feel that this is putting their company and passengers in danger if pilots over 60 are allowed to fly The pilots often disagree and state they are as physically fit as younger pilots and have much more experience One case we can relate this issue to is United Airlines Inc v McMann McMann joined United Airlines Inc in 1944 and continued employment there until his retirement at age 60 in 1973 At the time when McMann was first employed United maintained a formal retirement income plan it had begun in 1941 in which McMann was eligible to participate but was not compelled to join He voluntarily joined the plan in January 1964 The application form McMann signed showed the normal retirement age for participants in his category as 60 years McMann reached his 60th birthday on January 23 1973 and was retired on February 1 1973 over his objection He then filed a notice of intent to sue United for violation of the Act pursuant to 29 USC 626 d Although he received an opinion from the Department of Labor that Uniteds plan was bona fide and did not appear to be a subterfuge to evade the purposes of the Act he brought this suit to court McManns suit in the District Court seeking injunctive relief reinstatement and backpay alleged his forced retirement was solely because of his age and was unlawful under the Act Uniteds response was that McMann was retired in compliance
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