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Intensive research in current literature and checks with agencies involved in discrimination problems have not disclosed any other occupational groups in which present practice results in age discrimination involving groups of workers under 40 years of age. The general counsel of the EEOC has informed us that the Commission has had no other experience with problems of age discrimination below the age of 40. It is our judgement, therefore, that the stewardess problem is unique.

The stewardess problem appears to be well on the way to solution through the issuance of a decision by the EEOC in the case of June Dodd vs. American Airlines, Inc. (issued August 8, 1968) and through modifications of collective bargaining agreements as they affect the employment of stewardesses. The EEOC decision in the case cited above held that the company had violated Title VII of the Civil Rights Act when it terminated the employment of a stewardess because of her age. The agreement reached on August 11, between the Transport Workers Union and American Airlines, permits the airline to continue to offer stewardesses the opportunity to transfer to ground jobs, at higher base rates, or retirement with increased severance pay upon reaching age 32. However, the stewardesses now have the additional option of continuing to fly, if they so choose.

With respect to the currently applicable 40-year lower age limit, I believe the rationale for this lower age limit, as described in the House Committee Report is very persuasive:

"Section 12 limits the prohibitions in the act to persons who are at least 40, but less than 65 years of age. The committee altered the lower age limit from 45 in the original bill to 40, in that testimony indicated this to be the age at which age discrimination in employment becomes evident. It is also the lower age limit found in most State statutes bearing on this subject. The committee declined to further lower the age limitation, notwithstanding the highly effective and persuasive presentations made by witnesses representing airline stewardesses--some of whom are not permitted to continue as stewardesses after age 32. Although the committee recognized the significance of the problem, it was felt a further lowering of the age limit proscribed by the bill would lessen the primary objective; that is, the promotion of employment opportunities for older workers."
(House Report No. 805, October 23, 1967, p. 6.)

With respect to the upper age limit of 65, many of the problems encountered appear to be related to compulsory retirement. The ADEA requires that a study made of institutional and other arrangements giving rise to involuntary retirement. This study is now under way and will form the basis of a separate report to the Congress.