Equal Employment Opportunity Commission v. Pan American World Airways, Inc.

MEMORANDUM AND ORDER

INTRODUCTION

On September 13, 1985, this court held a fairness hearing to consider objections to a proposed Consent Decree entered into between Pan Am and the EEOC. The Decree is designed to settle an action under the Age Discrimination in Employment Act of 1967 (“ADEA” or “Act”), 29 U.S.C. § 626 et seq., brought by the EEOC against Pan Am. Pan Am and the EEOC (referred to jointly as “applicants”) argue that the proposed Consent Decree fairly reflects the risks of litigation that the parties face.

Several parties have filed objections to the consent Decree. Forty-five of the eighty-one former Pan Am pilots on whose behalf the EEOC brought this action object to the Decree as providing them with inadequate monetary relief. Most of the objectors (referred to collectively as “claimants”) have filed declarations with the court. In addition, those Pan Am pilots and flight engineers who were employed by National Airlines before National and Pan Am merged in 1980 also object to the Decree. These engineers and pilots, in separate filings, argue that the Decree violates their rights as decided by an arbitrator after the merger. Finally, intervenor Rankin contends…