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E.E.O.C. v. AMERICAN AIRLINES, INC.

No. 94-10033.

48 F.3d 164 (1995)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., et al., Defendants, American Airlines, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 1995.

Attorney(s) appearing for the Case

Dori K. Bernstein, E.E.O.C., Office of Gen. Counsel, Washington, DC, for appellant.

Cathy Ventrell-Monsees, Manager Worker Equity Sect., A.A.P.R., Washington, DC, for amicus curiae, A.A.P.R.

Dee J. Kelly, Kelly Hart & Hallman, Fort Worth, TX, Dean Booth, L. Dale Owens, Booth, Wade & Campbell, Atlanta, GA, for appellee.

Before JONES and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

EDITH H. JONES, Circuit Judge:

This is an action for age discrimination, 29 U.S.C. § 621 et seq., brought by the United States Equal Employment Opportunity Commission ("EEOC") on behalf of a class of pilots age forty and over who applied and were denied employment by American Airlines, Inc. ("American"). Two separate claims of discriminatory hiring practices were alleged. First, EEOC charged that American's policy of hiring only pilots who will progress...

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