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STATE OF NEW YORK: EXECUTIVE DEPARTMENT STATE DIVISION OF HUMAN RIGHTS

STATE DIVISION OF HUMAN RIGHTS
on the complaint of
CAPTAIN MICHAEL A. GITT,
Complainant,
-against-
EASTERN AIR LINES, INC,; S. L. HIGGINBOTTOM, VICE PRESIDENT, OPERATIONS GROUP; AND AIRLINE PILOTS ASSOCIATION, INTERNATIONAL,
Respondents.

PROCEEDINGS IN THE CASE
On the 5th day of March, 1969, the above-named Complainant filed a complaint with the State Division of Human Rights charging the above-named Respondents with an unlawful discriminatory practice relating to employment, in violation of the Human Rights Law (Executive Law, Article 15) of the State of New York.
After investigation, the State Division of Human Rights found that it had jurisdiction over the complaint and that probable cause existed to believe that Respondents had engaged in an unlawful discriminatory practice. The Division thereafter referred the case to public hearing. 
After due notice the case came on for a hearing before George S. Sable, a Hearing Examiner of the State Division of Human Rights. The hearing was held on July 15 and August 7, 1969.
At the hearing, Complainant appeared and was personally represented by F. Lee Bailey, Esq. The Division was represented by Henry Spitz, Esq., General Counsel, by Lawrence Kunin, Esq., of Counsel. Respondents Eastern Air Lines, Inc. and S. L. Higginbottom were represented by W. Glen Harlan, Esq., Vice President, Legal Affairs. Respondent Airline Pilots Association, International was represented by Cohen & Weiss, Esqs., Henry Weiss, Esq., of Counsel.

FINDINGS OF FACT
1. Complainant Captain Michael A. Gitt was a line pilot for Respondent Eastern Airlines, Inc., from 1956 until he retired upon reaching his sixtieth birthday on May 13, 1968.
2. S Federal Aviation Agency regulation promulgated on December 1, 1959, by Elwood R. Quesado, then the Administrator of the Federal Aviation Agency, prohibits any pilot who has reached his sixtieth birthday from piloting line