Bob Reardon, oldest FA at Delta, is retired against his will on 8/30

[FWAAA]

...Likewise, you can't terminate him just because he's old, either...

I don't know about that.   Once somebody goes beyond 70 you're no longer liable for age discrimination under federal law (the ADEA) which protects workers ages 40-70.    There might be state laws that restrict employers from clearing people out at 75 or 85 or, as this guys was, 90, but I don't know of any federal protection he would have.   

 

[Kev3188]

Good to know, and thank you for saving me from digging out my employment law books.

DL bases it's policies on Georgia employment law, so if there's an age covenant at the state level, that's where to look. Somehow I doubt one exists though...

 

[topDawg]

...Likewise, you can't terminate him just because he's old, either...

I have heard from some F/A friends that his CQ was in Jan., but he was still flying as late as May? if that's true, how does that work?

thats not true at all. For FAs they have to be able to save my butt in case of an emergency. That includes opening exits and things of that nature. I will almost bet anything that, at 90 years old, he couldn't safely be of....well any use (and much more of a liability) in the case of a real emergency. That is part of the job, if you can't do it then a company can, will and should tell you its time to move on. (and as i said before, I think FAs should have an age limit just like pilots) 
 
and I couldn't tell you when his CQ was.

 

[topDawg]

Good to know, and thank you for saving me from digging out my employment law books.

DL bases it's policies on Georgia employment law, so if there's an age covenant at the state level, that's where to look. Somehow I doubt one exists though...

I would be completely shocked if Georgia had any kind of law like that. 
 
and even if they did something tells me they would work in some kind of loop hole for mother Delta. (duck)

 

[FWAAA]

Georgia has an age discrimination law that appears to mirror the federal law (ages 40-70).   It's possible that there are state laws that would go beyond the federal protections and would protect workers at higher ages than 70, and it's possible (depending on his state of residence) that he might be protected by such a law.   

As a general matter, however, it ain't prohibited age discrimination if your employer shows you the door after you're 70.   It may be cruel and it may be heartless, but it doesn't violate federal law.   

 

[topDawg]

Georgia has an age discrimination law that appears to mirror the federal law (ages 40-70).   It's possible that there are state laws that would go beyond the federal protections and would protect workers at higher ages than 70, and it's possible (depending on his state of residence) that he might be protected by such a law.   

As a general matter, however, it ain't prohibited age discrimination if your employer shows you the door after you're 70.   It may be cruel and it may be heartless, but it doesn't violate federal law.   

but again, if the company/FAA shows you can't do the job then it doesn't matter what the age law says. (They would have to offer him another job with-in the company but if he says no then.... buh bye.) 

 

[FWAAA]

but again, if the company/FAA shows you can't do the job then it doesn't matter what the age law says. (They would have to offer him another job with-in the company but if he says no then.... buh bye.) 

I completely agree - not arguing that point - just arguing that employers generally can "forcibly retire" (fire) you at age 70 or older if they want to, no matter how well you still perform your job.   Delta could enact a policy of retiring every employee at age 70 no matter what, and the geezers wouldn't win an age discrimination suit.   
 
Sure, if someone fails the periodic test of their essential safety skills, then they can be let go no matter what their age, be it 19 or 59 or 99.