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Keywords

damageswilldiscriminationliquidated damagesrespondent

Related Cases

Trans World Airlines, Inc. v. Thurston

Facts

Trans World Airlines (TWA) had a policy requiring pilots to retire at age 60. This policy was challenged by three former captains who were denied the opportunity to transfer to flight engineer positions upon reaching that age, while other captains disqualified for reasons other than age were allowed to 'bump' less senior flight engineers. The airline's policy was amended after the Age Discrimination in Employment Act was updated, but the captains still faced discrimination based on age.

Issue

Did TWA's policy of denying 60-year-old pilots the same transfer privileges to flight engineer status as other disqualified pilots constitute a violation of the Age Discrimination in Employment Act?

Rule

The ADEA prohibits arbitrary discrimination in the workplace based on age, specifically regarding privileges of employment. If an employer provides certain privileges to some employees, it cannot deny those privileges to others based on age.

The ADEA 'broadly prohibits arbitrary discrimination in the workplace based on age.' Lorillard v. Pons, 434 U.S. 575, 577 (1978). Section 4(a)(1) of the Act proscribes differential treatment of older workers 'with respect to . . . [a] [privilege] of employment.' 29 U. S. C. 623(a).

Analysis

The court found that TWA's transfer policy discriminated against captains based on age, as it allowed captains disqualified for reasons other than age to 'bump' less senior flight engineers while denying the same opportunity to those disqualified due to age. The court ruled that the ADEA's provisions applied, and the airline's defenses regarding bona fide occupational qualifications and seniority systems were not valid in this context.

Conclusion

The Supreme Court affirmed the Second Circuit's ruling that TWA violated the ADEA by discriminating against pilots based on age but reversed the finding that the violation was willful, thus denying the claim for liquidated damages.

Who won?

The respondents, former pilots of TWA, prevailed because the court found that TWA's policy constituted age discrimination under the ADEA.

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