No. 83-997.

469 U.S. 111 (1985)


Supreme Court of United States.

Decided January 8, 1985.

Attorney(s) appearing for the Case

Henry J. Oechler, Jr., argued the cause for petitioner in No. 83-997. With him on the briefs were Donald I. Strauber and Peter N. Hillman. Michael E. Abram argued the cause and filed briefs for the Air Line Pilots Association, International, as petitioner in No. 83-1325 and respondent in No. 83-997.

Deputy Solicitor General Wallace argued the cause for respondent Equal Employment Opportunity Commission in both cases. With him on the briefs were Solicitor General Lee, Harriet S. Shapiro, Johnny J. Butler, and Philip B. Sklover. Raymond C. Fay argued the cause in both cases and filed a brief for respondents Thurston et al. With him on the briefs were Alan M. Serwer and Susan D. Goland.

Robert M. Weinberg, Jeremiah A. Collins, and Laurence Gold filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging affirmance.

Edward L. Foote and Edward J. Wendrow filed a brief for United Airlines, Inc., as amicus curiae.

JUSTICE POWELL delivered the opinion of the Court.

Trans World Airlines, Inc. (TWA), a commercial airline, permits captains disqualified from serving in that capacity for reasons other than age to transfer automatically to the position of flight engineer. In this case, we must decide whether the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq., requires the...

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