Equal Employment Opportunity Commission v. Exxon Mobil Corp

Exxon Mobil Corp. (Exxon) (defendant) employed pilots to fly its corporate jets. The pilots flew similar planes, in similar conditions, and from similar airports as commercial pilots. They were also expected to fly with little notice and accommodate in-flight itinerary changes. Exxon had a mandatory policy that required its corporate pilots to retire at age 60. At the urging of two Exxon pilots forced to retire, the Equal Employment Opportunity Commission (EEOC) sued Exxon, arguing that Exxon’s mandatory retirement policy violated the Age Discrimination in Employment Act (ADEA). Exxon asserted bona fide occupational qualification (BFOQ) as an affirmative defense, arguing that age was a necessary proxy for safety-related job qualifications. In support, Exxon relied on a Federal Aviation Administration (FAA) rule prohibiting commercial pilots over age 60 from flying large passenger aircraft, small passenger aircraft with 10 or more seats, and heavy-duty cargo aircraft. The FAA’s stated reasoning for the rule was that pilots over age 60 were significantly more prone to sudden incapacity from medical events like heart attack or stroke and there were currently no good means of accurately predicting individual risk, making age a necessary proxy. Exxon argued that although the FAA rule did not apply to corporate pilots, there was sufficient similarity between Exxon pilots and commercial pilots for the FAA’s rationale to apply, making age a necessary proxy for a safety qualification. The district court granted summary judgment in Exxon’s favor, and the EEOC appealed.