trans
world
airlines
thurston
argued
october
decided
january
together
air
line
pilots
association
international
thurston
et
also
certiorari
age
discrimination
employment
act
adea
amended
prohibit
mandatory
retirement
protected
employee
age
concerned
retirement
policy
least
applied
flight
engineers
violated
adea
petitioner
trans
world
airlines
twa
adopted
plan
permitting
employee
flight
engineer
status
age
continue
working
capacity
plan
however
give
captains
pilots
right
automatically
begin
training
flight
engineers
instead
captain
may
remain
airline
able
obtain
flight
engineer
status
bidding
procedures
outlined
agreement
twa
petitioner
air
line
pilots
association
alpa
procedures
require
captain
prior
birthday
submit
standing
bid
position
flight
engineer
vacancy
occurs
assigned
senior
captain
standing
bid
vacancy
occurs
prior
birthday
lacks
sufficient
seniority
bid
successfully
vacancies
occur
captain
retired
agreement
captain
displaced
reason
besides
age
need
resort
bidding
procedure
example
captain
medically
disabled
whose
position
eliminated
due
reduced
manpower
may
displace
automatically
bump
less
senior
flight
engineer
respondent
former
twa
captains
hereafter
respondents
retired
upon
reaching
age
denied
opportunity
bump
less
senior
flight
engineer
two
forced
retire
twa
adopted
new
plan
thus
denied
opportunity
become
flight
engineers
bidding
procedures
third
filed
standing
bid
position
flight
engineer
vacancies
occurred
prior
birthday
forced
retire
respondents
filed
action
twa
alpa
federal
district
claiming
twa
transfer
policy
violated
adea
proscribes
differential
treatment
older
workers
respect
privileg
employment
allowed
captains
displaced
reasons
age
bump
less
senior
flight
engineers
allow
privilege
employment
captains
compelled
vacate
positions
upon
reaching
age
district
entered
summary
judgment
favor
twa
alpa
holding
respondents
failed
establish
prima
facie
case
age
discrimination
test
set
forth
mcdonnell
douglas
green
affirmative
defenses
provided
employer
may
take
action
otherwise
prohibited
age
bona
fide
occupational
qualification
bfoq
unlawful
employer
adopt
bona
fide
seniority
system
adea
justified
twa
transfer
policy
appeals
reversed
holding
mcdonnell
douglas
test
inapposite
respondents
adduced
direct
proof
age
discrimination
twa
required
afford
captains
privilege
employment
bumping
less
senior
flight
engineers
allowed
captains
disqualified
reasons
age
affirmative
defenses
adea
justify
twa
discriminatory
transfer
policy
twa
liable
liquidated
double
damages
adea
violation
adea
willful
within
meaning
section
held
twa
transfer
policy
denies
captains
privilege
employment
basis
age
violation
adea
captains
disqualified
age
afforded
bumping
privilege
captains
disqualified
reasons
age
instead
must
resort
bidding
procedures
adea
require
twa
grant
transfer
privileges
disqualified
captains
nevertheless
grant
disqualified
captains
privilege
bumping
less
senior
flight
engineers
may
deny
opportunity
others
age
mcdonnell
douglas
test
inapplicable
plaintiff
presents
direct
evidence
discrimination
direct
evidence
transfer
method
available
captain
depends
age
since
allows
captains
disqualified
reason
age
bump
less
senior
flight
engineers
twa
transfer
policy
discriminatory
face
pp
affirmative
defenses
provided
support
argument
twa
discriminatory
transfer
policy
justified
bfoq
defense
meritless
age
bfoq
position
flight
engineer
twa
policy
viewed
part
bona
fide
seniority
system
system
includes
discriminatory
transfer
policy
permits
forced
retirement
captains
basis
age
pp
twa
violation
adea
willful
within
meaning
therefore
respondents
entitled
liquidated
double
damages
violation
willful
within
meaning
employer
knew
conduct
prohibited
adea
showed
reckless
disregard
whether
prohibited
employer
simply
knew
potential
applicability
adea
adea
picture
latter
broad
standard
result
award
double
damages
almost
every
case
twa
certainly
know
conduct
violated
adea
fairly
said
twa
adopted
transfer
policy
reckless
disregard
adea
requirements
record
makes
clear
twa
officials
acted
reasonably
good
faith
attempting
determine
whether
policy
violate
adea
pp
powell
delivered
opinion
unanimous
henry
oechler
argued
cause
petitioner
briefs
donald
strauber
peter
hillman
michael
abram
argued
cause
filed
briefs
air
line
pilots
association
international
petitioner
respondent
deputy
solicitor
general
wallace
argued
cause
respondent
equal
employment
opportunity
commission
cases
briefs
solicitor
general
lee
harriet
shapiro
johnny
butler
philip
sklover
raymond
fay
argued
cause
cases
filed
brief
respondents
thurston
et
al
briefs
alan
serwer
susan
fn
briefs
amici
curiae
urging
reversal
filed
equal
employment
advisory
council
robert
williams
douglas
mcdowell
thomas
bagby
chamber
commerce
stephen
bokat
robin
conrad
robert
weinberg
jeremiah
collins
laurence
gold
filed
brief
american
federation
labor
congress
industrial
organizations
amicus
curiae
urging
affirmance
edward
foote
edward
wendrow
filed
brief
airlines
amicus
curiae
justice
powell
delivered
opinion
trans
world
airlines
twa
commercial
airline
permits
captains
disqualified
serving
capacity
reasons
age
transfer
automatically
position
flight
engineer
case
must
decide
whether
age
discrimination
employment
act
adea
stat
amended
et
requires
airline
afford
privilege
employment
captains
disqualified
age
also
must
decide
constitutes
willful
violation
adea
entitling
plaintiff
liquidated
double
damages
twa
approximately
employees
fill
three
cockpit
positions
flights
captain
pilot
controls
aircraft
responsible
phases
operation
first
officer
copilot
assists
captain
flight
engineer
usually
monitors
instrument
panel
operate
flight
controls
unless
captain
first
officer
become
incapacitated
twa
airline
pilots
association
alpa
entered
agreement
every
employee
cockpit
position
required
retire
reached
age
provision
mandatory
retirement
lawful
adea
part
bona
fide
seniority
system
see
air
lines
mcmann
april
however
act
amended
prohibit
mandatory
retirement
protected
individual
age
twa
officials
became
concerned
company
retirement
policy
least
applied
flight
engineers
violated
amended
adea
july
twa
announced
amended
adea
prohibited
forced
retirement
flight
engineers
age
company
thus
proposed
new
policy
employees
three
cockpit
positions
upon
reaching
age
allowed
continue
working
flight
engineers
twa
stated
implement
new
policy
benefit
alpa
views
alpa
views
long
coming
union
contended
agreement
prohibited
employment
flight
engineer
birthday
proposed
change
required
recently
amended
adea
despite
opposition
union
twa
adopted
modified
version
proposal
plan
employee
flight
engineer
status
age
entitled
continue
working
capacity
new
plan
unlike
initial
proposal
give
captains
right
automatically
begin
training
flight
engineers
instead
captain
may
remain
airline
able
obtain
flight
engineer
status
bidding
procedures
outlined
agreement
procedures
require
captain
prior
birthday
submit
standing
bid
position
flight
engineer
vacancy
occurs
assigned
senior
captain
standing
bid
vacancy
occurs
prior
birthday
lacks
sufficient
seniority
bid
successfully
vacancies
occur
captain
retired
agreement
captain
displaced
reason
besides
age
need
resort
bidding
procedures
example
captain
unable
maintain
requisite
medical
certificate
see
cfr
may
displace
automatically
bump
less
senior
flight
engineer
medically
disabled
captain
ability
bump
depend
upon
availability
vacancy
similarly
captain
whose
position
eliminated
due
reduced
manpower
needs
bump
less
senior
flight
engineer
even
captain
found
incompetent
serve
capacity
discharged
allowed
transfer
position
flight
engineer
without
resort
bidding
procedures
respondents
harold
thurston
christopher
clark
clifton
parkhill
former
captains
twa
retired
upon
reaching
age
denied
opportunity
bump
less
senior
flight
engineer
thurston
forced
retire
may
company
adopted
new
policy
clark
attempt
bid
twa
advised
bidding
affect
chances
obtaining
transfer
two
captains
thus
effectively
denied
opportunity
become
flight
engineers
bidding
procedures
third
captain
parkhill
file
standing
bid
position
flight
engineer
vacancies
occurred
prior
parkhill
birthday
however
forced
retire
thurston
clark
parkhill
filed
action
twa
alpa
district
southern
district
new
york
argued
company
transfer
policy
violated
adea
stat
airline
allowed
captains
displaced
reasons
age
bump
less
senior
flight
engineers
captains
compelled
vacate
positions
upon
reaching
age
claimed
afforded
privilege
employment
equal
employment
opportunity
commission
intervened
behalf
captains
discharged
result
inability
displace
less
senior
flight
engineers
district
entered
summary
judgment
favor
defendants
twa
alpa
air
line
pilots
assn
trans
world
air
lines
supp
held
plaintiffs
failed
establish
prima
facie
case
age
discrimination
test
set
forth
mcdonnell
douglas
green
none
show
time
transfer
request
vacancy
existed
position
flight
engineer
see
furthermore
found
two
affirmative
defenses
justified
company
transfer
policy
appeals
second
circuit
reversed
district
judgment
found
mcdonnell
douglas
formula
inapposite
plaintiffs
adduced
direct
proof
age
discrimination
captains
disqualified
reasons
age
allowed
bump
less
senior
flight
engineers
therefore
company
required
adea
afford
captains
privilege
employment
appeals
also
held
affirmative
defenses
adea
justify
company
discriminatory
transfer
policy
twa
held
liable
liquidated
double
damages
violation
adea
found
willful
according
employer
conduct
willful
knows
shows
reckless
disregard
matter
whether
conduct
prohibited
adea
twa
clearly
aware
adea
amendments
appeals
found
respondents
entitled
double
damages
twa
filed
petition
writ
certiorari
challenged
appeals
holding
transfer
policy
violated
adea
twa
violation
willful
union
filed
raising
liability
issue
granted
certiorari
cases
consolidated
argument
affirm
violation
adea
reverse
claim
double
damages
ii
adea
broadly
prohibits
arbitrary
discrimination
workplace
based
age
lorillard
pons
section
act
proscribes
differential
treatment
older
workers
respect
privileg
employment
twa
transfer
policy
captains
denied
privilege
employment
basis
age
captains
become
disqualified
serving
position
reasons
age
automatically
able
displace
less
senior
flight
engineers
captains
disqualified
age
afforded
bumping
privilege
instead
forced
resort
bidding
procedures
set
forth
agreement
vacancy
prior
bidding
captain
birthday
must
retire
act
require
twa
grant
transfer
privileges
disqualified
captains
nevertheless
twa
grant
disqualified
captains
privilege
bumping
less
senior
flight
engineers
may
deny
opportunity
others
age
hishon
king
spalding
held
benefit
part
parcel
employment
relationship
may
doled
discriminatory
fashion
even
employer
free
provide
benefit
interpretation
title
vii
civil
rights
act
et
applies
equal
force
context
age
discrimination
substantive
provisions
adea
derived
haec
verba
title
vii
lorillard
pons
supra
twa
contends
respondents
failed
make
prima
facie
case
age
discrimination
mcdonnell
douglas
green
time
retired
flight
engineer
vacancies
existed
argument
fails
mcdonnell
douglas
test
inapplicable
plaintiff
presents
direct
evidence
discrimination
see
teamsters
shifting
burdens
proof
set
forth
mcdonnell
douglas
designed
assure
plaintiff
day
despite
unavailability
direct
evidence
loeb
textron
case
direct
evidence
method
transfer
available
disqualified
captain
depends
upon
age
since
allows
captains
become
disqualified
reason
age
bump
less
senior
flight
engineers
twa
transfer
policy
discriminatory
face
cf
los
angeles
dept
water
power
manhart
employer
policy
requiring
female
employees
make
larger
contribution
pension
fund
male
employees
discriminatory
face
although
find
twa
transfer
policy
discriminates
disqualified
captains
basis
age
inquiry
end
petitioners
contend
transfer
policy
justified
two
adea
five
affirmative
defenses
petitioners
first
argue
discharge
respondents
lawful
age
bona
fide
occupational
qualification
bfoq
position
captain
furthermore
twa
claims
retirement
policy
part
bona
fide
seniority
system
thus
exempt
act
coverage
section
adea
provides
employer
may
take
action
otherwise
prohibited
age
bona
fide
occupational
qualification
order
permissible
however
discrimination
must
relate
particular
business
ibid
every
consider
issue
assumed
particular
business
statute
refers
job
protected
individual
excluded
weeks
southern
bell
tel
tel
example
considered
title
vii
claim
female
employee
sex
allowed
transfer
position
switchman
deciding
bfoq
defense
available
defendant
considered
job
switchman
twa
discriminatory
transfer
policy
permissible
age
bfoq
particular
position
flight
engineer
necessary
recognize
airline
two
policies
captains
allowed
serve
capacity
reaching
age
ii
captains
given
transfer
privileges
afforded
captains
disqualified
reasons
first
policy
precludes
individuals
serving
captains
challenged
respondents
second
practice
operate
exclude
protected
individuals
position
captain
rather
prevents
qualified
working
flight
engineers
thus
particular
job
flight
engineer
respondents
excluded
discriminatory
transfer
policy
age
bfoq
position
flight
engineer
discrimination
issue
case
justified
twa
nevertheless
contends
bfoq
argument
supported
legislative
history
amendments
adea
congress
amended
adea
prohibit
involuntary
retirement
protected
individuals
basis
age
members
congress
concerned
amendment
might
construed
limiting
employer
ability
terminate
workers
subject
valid
bfoq
senate
proposed
amendment
providing
employer
establish
mandatory
retirement
age
age
bfoq
pp
conference
committee
however
proposed
amendment
withdrawn
senate
conferees
agreed
neither
added
worked
change
upon
present
law
conf
house
committee
report
also
indicated
individual
compelled
retire
position
age
bfoq
pt
legislative
history
amendments
support
petitioners
position
history
shows
adea
prohibit
twa
retiring
disqualified
captains
including
incapacitated
age
mean
however
twa
make
dependent
upon
age
individual
availability
transfer
position
age
bfoq
nothing
legislative
history
cited
petitioners
indicates
congressional
intention
allow
employer
discriminate
older
worker
seeking
transfer
another
position
ground
age
bfoq
former
job
twa
also
contends
discriminatory
transfer
policy
lawful
act
part
bona
fide
seniority
system
appeals
held
airline
retirement
policy
mandated
negotiated
seniority
plan
need
address
finding
seniority
system
includes
challenged
practice
bona
fide
statute
act
provides
seniority
system
may
require
permit
involuntary
retirement
protected
individual
age
ibid
although
faa
age
rule
may
caused
respondents
retirement
twa
seniority
plan
certainly
permitted
within
meaning
adea
ibid
moreover
captains
disqualified
reasons
age
allowed
bump
less
senior
flight
engineers
mandatory
retirement
therefore
bona
fide
seniority
system
defense
unavailable
petitioners
summary
twa
transfer
policy
discriminates
protected
individuals
basis
age
thereby
violates
act
two
statutory
defenses
raised
petitioners
support
argument
discrimination
justified
bfoq
defense
meritless
age
bona
fide
occupational
qualification
position
flight
engineer
job
respondents
excluded
twa
policy
viewed
part
bona
fide
seniority
system
system
includes
discriminatory
transfer
policy
permits
forced
retirement
captains
basis
age
iii
section
adea
stat
provides
rights
created
act
enforced
accordance
powers
remedies
procedures
fair
labor
standards
act
see
lorillard
pons
remedial
provisions
two
statutes
identical
congress
declined
incorporate
adea
several
flsa
sections
moreover
flsa
makes
award
liquidated
damages
mandatory
significantly
qualified
adea
proviso
prevailing
plaintiff
entitled
double
damages
cases
willful
violations
case
appeals
held
twa
violation
adea
willful
respondents
therefore
entitled
double
damages
granted
certiorari
review
holding
legislative
history
adea
indicates
congress
intended
liquidated
damages
punitive
nature
original
bill
proposed
administration
incorporated
flsa
imposes
criminal
liability
willful
violation
see
cong
rec
senator
javits
found
certain
serious
defects
administration
bill
stated
difficult
problems
proof
arise
criminal
provision
employer
invocation
fifth
amendment
might
impede
investigation
conciliation
enforcement
therefore
proposed
flsa
criminal
penalty
cases
willful
violation
eliminated
double
damage
liability
substituted
ibid
senator
javits
argued
proposed
amendment
furnish
effective
deterrent
willful
violations
adea
incorporated
adea
minor
modification
sess
recognized
enacting
adea
congress
exhibited
detailed
knowledge
flsa
provisions
judicial
interpretation
lorillard
pons
supra
manner
flsa
interpreted
therefore
relevant
general
courts
found
employer
subject
criminal
penalties
flsa
wholly
disregards
law
without
making
reasonable
effort
determine
whether
plan
following
constitute
violation
law
nabob
oil
cert
denied
see
also
darby
standard
substantially
accord
interpretation
willful
adopted
appeals
interpreting
liquidated
damages
provision
adea
stated
violation
act
willful
employer
knew
showed
reckless
disregard
matter
whether
conduct
prohibited
adea
given
legislative
history
liquidated
damages
provision
think
reckless
disregard
standard
reasonable
definition
willful
adopted
cited
courts
consistent
manner
interpreted
term
criminal
civil
statutes
murdock
defendant
prosecuted
revenue
acts
made
misdemeanor
person
willfully
fail
pay
required
tax
murdock
stated
conduct
willful
within
meaning
criminal
statute
marked
careless
disregard
whether
one
right
act
illinois
central
applied
murdock
definition
willful
civil
case
defendant
failure
unload
cattle
car
willful
showed
disregard
governing
statute
indifference
requirements
respondents
argue
employer
conduct
willful
cognizant
appreciable
possibility
employees
involved
covered
adea
support
position
respondents
cite
act
ppa
incorporated
adea
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footnotes
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age
discrimination
employment
act
amendments
pub
stat
regulation
promulgated
federal
aviation
administration
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first
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david
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world
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new
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airline
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commendation
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held
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matter
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age
discrimination