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Captain Truman Outland testified that he was been an airline pilot for Delta Airlines for twenty-nine years. He received the above described letter from Captain Webb. On Delta Airlines there are two check pilots over age sixty. And they are not required to also fly the line, nor do they do so (T. 234). 

Therefore, this policy requirement of Eastern Airlines which was subsequently incorporated into the agreement, that supervisory, check, test and ferry pilots and instructors also fly one week every four on line revenue flights--

(a) is not required by FAA regulations
(b) is not followed by other airlines
(c) has no reasonable nor necessary basics and is therefore arbitrary and discriminatory,
(d) has been and continues to be a mere subterfuge, and is violative, therefore, of Section 296 (3a) of the New York Human Rights Law due to its deprivation of Captain Gitt of his employment based solely upon his age.

Respondents in their brief also mention several other contentions which are actually irrelevant, but can be disposed of quite readily.

First, the provision of the collective bargaining agreement imposing the requirement that, as previously discussed, has the effect of a deprivation of rights based solely upon age, and not upon any other valid reasonable necessity, is also violative of Section 296 (3a) of the New York Human Rights Law. Therefore, this provision of the agreement is unenforceable. Since this

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