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Captain M.A. Gitt          -3-

2. If, however, we wish to assert that the conduct which violated the statute was the refusal to hire an age 60 pilot for a flight instructor or check pilot position, then the base date from which computations of time should be made is the date when the refusal to hire occurred. 

Subject to the condition that there must have been a check pilot or flight instructor vacancy at the time the refusal to hire occurred, it would be my view that any proceedings under the statute should be predicated upon the refusal to hire theory.

3. If the refusal to hire occurred in New York, then 
a) a verified written complaint must be filed with the New York State Human Rights Commission under (section 297 of the New York Executive Law) and state proceedings must be commenced (within one year after the refusal to hire occurred); and 
b) a sixty-day notice of intent to sue under the Federal Law must be filed with the Secretary of Labor not more than
(1) 300 days after the refusal to hire occurred; or
(2) 30 days after notice has been received that state proceedings under (a) above have been terminated, whichever is earlier; and 
c) the federal section may be started within 2 years after the refusal to hire occurred.

4. If the refusal to hire occurred in Florida, then 
a) no state proceedings are necessary (or available); and 
b) a 60 day notice of intent to sue must be filed with the Secretary of Labor not later than 180 days after the refusal to hire occurred; and 
c) the action under the federal statute must be commenced not later than two years after the refusal to hire occurred.