Chalmers D. Richardson v. Alaska Airlines, Inc., and Air Line Pilots Association International, Defendant/intervenor

Chalmers D. Richardson (hereinafter Richardson) appeals from the order of the district court denying his application for attorney’s, fees against defendant/intervenor, Air Line Pilots Association International (hereinafter ALPA) under 29 U.S.C. § 626 (b).

We must decide whether, in an action brought against an employer, the Age Discrimination in Employment Act (hereinafter ADEA) permits the recovery of attorney’s fees from an intervenor who has not violated the ADEA. We affirm. The ADEA does not provide for the recovery of attorney’s fees from a non-employer.

I

PERTINENT FACTS

Richardson was employed by Alaska Airlines, Inc. (hereinafter Alaska) as a flight captain and assistant chief pilot until he reached his sixtieth birthday in October, 1978. A person over the age of sixty cannot fly as a captain or as a first officer under 14 C.F.R. § 121.383 (c). Richardson filed this action against Alaska claiming that his employer had violated the ADEA by forcing him to retire at age sixty instead of permitting him to continue working as an' assistant chief pilot or as a “second officer.” The person who serves as a second officer for Alaska does not perform pilot duties. Second…