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employment relationship, affected pilots would have had, in every case, an opportunity to test the validity or applicability of the rule in an evidentiary proceeding made available by the Statute. Today, airline pilots, like any other employees, should be entitled to an opportunity to be heard under the provisions of the Age Discrimination in Employment Act of 1967. By reason of the means chosen in 1959 to effectuate the cutoff, however, airline pilots have, in every case, been denied the elementary procedural fairness of a meaningful right to be heard.

21. While there was, in 1959, no national policy against arbitrary discrimination in employment based solely on chronological age where no bona fide connection between chronological age and job qualifications had been proven, there is such a national policy today; the age 60 rule operates in literal contradiction to that policy. Among the responsibilities of the FAA is the obligation to conduct its proceedings in a manner which does not do violence to prevailing rules of national conscience and morality; fulfillment of that