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Section 4 of the Act makes it unlawful to discharge or otherwise discriminate against any individual because of his age, unless it has first been shown that age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. Section 12 makes clear that persons at age 60 have the protection of this remedial legislation.

19. That the Act is addressed to employers and not to federal administrative agencies is not a sufficient explanation or apology for the obvious inconsistency between the Act and the age 60 rule. Congress has plainly never licensed administrative agencies to engage in conduct which, if committed by private industry, would be both unlawful and contrary to clearly expressed national policy. Congress obviously intended to prohibit the arbitrary cutoff of employment of covered individuals based solely on chronological age throughout the economy, and without exception.

20. If FAA had applied an age 60 limitation to affected pilots by means of the licensing or de-licensing procedure instead of addressing the age limitation to their