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flights.
3. A line pilot is one who is assigned to fly scheduled revenue flights carrying either passengers or cargo.
4. After Complainant's retirement as a line pilot, he made an oral application to Captain John Halliburton for re-employment with Eastern Air Lines.
5. Captain John Halliburton is a Vice President of Eastern Air Lines and he is responsible for the administration of the Flight Operations Division.
6. Complainant was offered only non-flying positions which he did not accept.
7. Since 1945 or 1946, Respondent Air Line has required that its Supervisors and Managers of Flying do line flying for one calendar month in each three and its Instructors for one calendar month in each four.
8. There is no evidence that such requirement was intended to deprive any pilot of employment because of his age, and pilots with Respondent Eastern Air Lines over sixty years of age did fly the line until the age sixty, Federal Air Regulation (FAR) was promulgated.
9. Complainant contends that Respondent Eastern Air Lines could have continued him in employment after age sixty as a check pilot, test pilot, flight instructor or ferry pilot, and that the periodic line flying requirement was arbitrary and in violation of the age provisions of the Human Rights Law.
10. Respondent Air Line has its ferrying done by regular line pilots and does not employ a special group of pilots for that purpose.
11. In June, 1968, a month after his retirement, Complainant requested Respondent S. L. Higginbottom to assign him "in some capacity as a check pilot, instructor, or so on."
12. Prior to his reaching age sixty, Complainant never requested any change in status or asked for any job such as check pilot or test pilot.
13. The positions of check pilot, test pilot and flight instructor, which Complainant sought are held only by pilots who are not prohibited from piloting line flights.
14. The Human Rights Law does not require that an employee who is disqualified from performing his assigned and regular duties by legislation or administrative fiat be accommodated.
15. There is extensive evidence to indicate that Respondent Air Line's policy of requiring all its pilots to fly the line periodically was designed