Equal Employment Opportunity Commission v. The Boeing Company

The Equal Employment Opportunity Commission brought suit under the Age Discrimination in Employment Act of 1976 (ADEA), 29 U.S.C. §§ 621-634 , challenging the Boeing Company’s practice of removing pilots from active flight duty at age 60. Boeing admitted discriminating on the basis of age but defended on the ground that being less than 60 is a bona fide occupational qualification (BFOQ) for Boeing pilots. Boeing moved for summary judgment, relying entirely upon the argument that a Federal Aviation Administration (FAA) regulation prohibiting commercial airline pilots from flying after reaching age 60 provided a BFOQ for Boeing pilots as a matter of law. The district court agreed. EEOC v. Boeing Co., 40 Fair Empl. Prac. Cas. (BNA) 292 (W.D.Wash.1986).

We believe the evidence offered by EEOC raised genuine issues of fact that required trial, particularly in light of Congress’s expressed preference for jury determination of factual issues arising under ADEA. We therefore reverse.

I

The district court correctly concluded (id. at 293) that to establish a BFOQ for Boeing pilots, the burden rested upon Boeing to prove by a preponderance of the evidence:

See Western Air Lines v.…