Charles G. Criswell Eugene R. Black v. Delta Air Lines, Inc.

INTRODUCTION

This action had its genesis more than ten years ago when pilot Charles Criswell, and two other plaintiffs, were forced to retire at age 60 by Western Air Lines (“Western”). A jury found that Western had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 , when it (1) refused to allow DC-10 captains nearing the age of sixty to down-bid to the position of second officers (flight engineers), and (2) imposed a mandatory retirement age of sixty on second officers as a matter of company policy. Criswell v. Western Air Lines, Inc., 614 F.Supp. 384 (C.D.Cal.1981). Final judgment and a permanent injunction were issued on May 13, 1981 by Judge Tashima.

This court affirmed the district court’s decision. 709 F.2d 544 (9th Cir.1983). A unanimous Supreme Court affirmed. 472 U.S. 400 , 105 S.Ct. 2743 , 86 L.Ed.2d 321 (1985).

Western was acquired by and became a wholly-owned subsidiary of Delta Airlines (“Delta”) in September of 1986. The merger was consummated on April 1, 1987.

After the merger, Delta refused to continue Criswell and the fifteen other mov-ants (“plaintiffs”) as second officers although it did offer them unspecified ground-level positions.…