A former General Electric Co. corporate pilot settled an age-discrimination suit in which he claimed the Fairfield conglomerate unfairly grounded him because he was above 60 years old.
Danbury resident Richard Schmitt and GE did not disclose terms of the settlement agreement, and their attorneys did not offer additional comment. In April, Judge Peter Dorsey dismissed a retaliatory claim by Schmitt due to expiration of the statute of limitations, but allowed Schmitt to proceed with his other claims.
A GE pilot for more than 35 years, in June 2005 Schmitt filed a discrimination charge against GE with the U.S. Equal Employment Opportunity Commission (EEOC), which ruled he could proceed with a civil suit. He then sued GE in May 2006 in New Haven federal court, demanding back pay and undisclosed damages.
In 1991, GE ended a practice of requiring pilots to retire at the age of 60, which Schmitt claimed was in response to an EEOC investigation at the time. Schmitt said GE continued to encourage pilots to retire at 60, an allegation the company denies.
GE admitted that its pilots must undergo more rigorous medical testing than required under Federal Aviation Administration (FAA) rules, but says pilots above age 60 are not subjected to a stiffer battery of tests.
Since 1959 under the so-called “age 60 rule,” the FAA has grounded commercial airliner pilots when they reach that age, but the rule does not apply to business-jet pilots and other civil aviation flyers. The FAA has proposed raising the age limit to 65 years, indicating the added experience of older pilots is valuable, but still would require pilots to be in good health and to fly with a co-pilot under the age of 60.
With GE purchasing newly developed business jets from Boeing Corp. that could handle overseas travel, Schmitt claims a supervisor told him because he was no longer a “spring chicken” that he would instead train on smaller Challenger aircraft not normally used for transoceanic trips, in part on fears Schmitt might become ill while in a “Third World” country and delay a departure.
GE denies the supervisor made such remarks, and that any decisions motivated by age or disability would have been made for legitimate, nondiscriminatory business reasons.
Schmitt says that decision has cost him more than $30,000 annually due to bigger paychecks drawn by pilots flying the largest aircraft.
Schmitt had already had one stint on long-term disability with GE, after an allergic reaction on a 1995 trip overseas caused a rash which required stronger medication than pilots are allowed to take under FAA flight rules.
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