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State of New York : E C IVE Department
State Division of Human Rights
on the complaint of
Captain Michael, A. Gitt

Complaint,
against
EASTERN AIRLINES, INC., S.L. HIGGINBOTTOM, 
VICE PRESIDENT OF OPERATIONS GROUP; &
AIRLINE PILOTS ASSOCIATION, CHARLES H. RUBY,
PRESIDENT 
Respondent

I, CAPTAIN MICHAEL A. GITT
residing at 94 Kings Point Road, Great Neck, New York 11024 Tel. No. 515-HU 7-1260
charge EASTERN AIRLINES, INC., S.L. HIGGINBOTTOM, VICE PRESIDENT OF OPERATIONS GROUP; & AIRLINE PILOTS ASSOCIATION, CHARLES H. RUBY, PRESIDENT

Eastern: 10 Rockefella Plaza, New York
whose address is Union: 1329 "E" Street, Munsey Building, Washington D.C. Tel. No. 
with an unlawful discriminatory practice relating to employment on or about August 1, 1968
by discharging me from my employment
because of my AGE (xx), RACE ( ),CREED ( ), COLOR ( ), NATIONAL ORIGIN ( ), SEX ( ).

The particulars are:

1. I was discharged due to an FAA ruling which prohibits a pilot from flying the "line" after the age of 60; however, does not deny him the right to work as a pilot, restricting him only as a "line" pilot in scheudled [[scheduled]] transportation. A person of this age may be employed as a check pilot, flight instructor, test, pilot, or ferry pilot, as noted in Exhibit A, a letter from James M. Leslie, Chief Regulations Branch, Flight Standards Service, to me. 

2. Eastern's ruling requiring an instructor pilot, test, pilot, check pilot or ferry pilot to fly the "line" approximately every third or fourth month appears to be arbitrary and in violation of the Human Rights Law of the State of New York for the following reasons:

A. The policy is not strictly enforced by the respondent company itself and the company records upon inspection will reveal that this rule is not enforced or carried out upon a regular basis. Rather, man in that position (instructor pilots, ect.) are used as the company sees fit to fly the "line", but not because of any ruling, but as a matter of convenience. 

B. It is not uncommon to have men fly in pilot capacity aside from "line" pilot over 60 as is practiced by at least one other airline, Branif Airlines. Captain  , is employed in that category for Branif and is over the age of 60. Eastern, in the past, has made exceptions to that rule and has had men employed in that capacity; namely, Captain Dick Merril.

C. United and Pan American Airlines do not make this restriction. It may be noted that if flying the "line" for an instructor pilot or other were necessary for safety and any other requirements, it would have been included in the FAA regulations.

D. The union agreement and the company rule, although appearing proper on their face, actually result in discrimination because of age under the circumstances in this case and in others where the pilot is over the age of 60 and is discharged rather than assigned to pilot occupations of instructor pilot, etc.

E. The FAA's (Federal Aviation Administration) purpose is to enforce the policies of the C.A.B. (Civil Aeronautics Board) by making certain rules and restrictions that the airline must follow to comply with their certificate or franchise. These federal government agencies require all airlines to maintain adequate training facilities for pilot and most other employees, such as mechanics, dispatchers, and stewardesses, etc. No where in their rules do they require a training pilot, test pilot, etc. to fly the "line" at any time as a safety rule or for any other reason. Since these training facilities are as proscribed adequate for the maintenance of the standard of safety, it does appear that this is sufficient to meet all FAA and CAB requirements and that EAL's policy then would be discriminatory.