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Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by loeg on Sunday April 16, 2023 @09:31PM (#35595860)
That smells like illegal age discrimination for any other employer.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by runnerup on Sunday April 16, 2023 @09:38PM (#35595916)
Right? Can I do this at my company?
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by toomuchtodo on Sunday April 16, 2023 @09:39PM (#35595924)
Will customers at your company die if you make a mistake? I do not support age discrimination (roughly around 40), but also want to survive my flights, medical procedures, and anything else where age impacting ability intersects with life safety. Tricky balance!
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @10:00PM (#35596052)
Is there documented scientific evidence demonstrating that pilots, surgeons, etc over 40 crash more with statistical significance? 50? 70? I’m sure there is a date when that does happen, but if you are going to be slapping age related restrictions on everyone, you had better come in with guns blazing on your numbers demonstrating that statistically this is bad for society
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by slapshot on Sunday April 16, 2023 @10:32PM (#35596259)
There's lots of room to nitpick the evidence, but the studies are published:

> The relationship between age and job performance for Air Traffic Control Specialists (ATCSs) is an issue that has been revisited many times over the past few decades (Trites, 1961; Trites & Cobb, 1962; Cobb, 1968; VanDeventer & Baxter, 1984). Researchers have consistently found a negative relationship between controller age and performance across studies that have used different ATCS options (enroute, terminal), career stages (age at entry into training,current age on the job), and criterion measures (on-the-job ratings, academy performance) (Trites, 1961;Trites & Cobb, 1962; Cobb, 1968; VanDeventer & Baxter, 1984).

Via https://www.tc.faa.gov/its/worldpac/techrpt/AM99-18.pdf

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @11:48PM (#35596657)
Thank you! This is the kind of data and study I was looking for. In this rather large thread you are the only one as of the time of this posting actually answering the original question I asked, “why does the rule exist?”

I don’t really see a problem with discrimination like this in this context as long as there is a well published scientific background of studies demonstrating why it makes sense, and there aren’t confounding variables (like a history of discrimination) that would skew the results. In this case it looks legitimate and well studied.

My only beef/complaint otherwise is that these papers should be front and center on the application page explaining why only 30 and unders are accepted.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by stametseater on Sunday April 16, 2023 @10:08PM (#35596117)
In short, yes. It's an evidence-based qualification. FAA takes this stuff seriously.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @10:20PM (#35596200)
Cool. Makes sense. Where is the evidence that was used to make this determination and the document released by FAA using that evidence to make said determination?
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by just_steve_h on Sunday April 16, 2023 @11:09PM (#35596475)
two comments above this one?
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @11:44PM (#35596643)
The “two comments above this one” you reference didn’t exist when I made the original comment
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by joebob42 on Monday April 17, 2023 @12:08AM (#35596758)
Its easy to find. This tone suggests that the person's argument is somehow invalid because they reference easy to find documents without linking them. Perhaps this isn't the intent, but it reads to me as combative, which seems unnecessary.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by runnerup on Sunday April 16, 2023 @10:04PM (#35596086)
Haha. Yes.

In one of my jobs I was responsible for a tank of Acrolein which if it vented to atmosphere would kill 150,000 people in New a Orleans.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by hgsgm on Sunday April 16, 2023 @10:46PM (#35596337)
Can I get some mechanical protections and peer review in there?
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by runnerup on Sunday April 16, 2023 @10:55PM (#35596372)
Sure. It was kept under conditions where if it was exposed to atmosphere it would immediately auto ignite and explode, obliterating about 10% of the chemical plant.

As a safety precaution.

Explosion was the desirable alternative because the products of combustion were far less harmful.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by maxerickson on Sunday April 16, 2023 @10:43PM (#35596326)
Will customers at your company die if you make a mistake?

This is pretty true across all sorts of industries.

Like guess where a lot of product recalls come from. Or consider some of the reasons that structures fail.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by kortilla on Sunday April 16, 2023 @11:03PM (#35596434)
>Will customers at your company die if you make a mistake?

This is the dumbest distinguishing point you could think of. Have you heard of hospitals?

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by kube-system on Sunday April 16, 2023 @11:29PM (#35596574)
Many hospitals screen older doctors (or all doctors) for their continued ability to perform.

https://undark.org/2020/06/24/mandatory-screening-older-phys...

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by CydeWeys on Sunday April 16, 2023 @10:00PM (#35596054)
Unlike the government, you can be sued.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by dragonwriter on Sunday April 16, 2023 @10:58PM (#35596396)
> Unlike the government, you can be sued.

The government can be sued for age discrimination in employment in violation of the Age Discrimination in Employment Act of 1967.

https://en.wikipedia.org/wiki/Babb_v._Wilkie

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by ars on Sunday April 16, 2023 @09:35PM (#35595897)
Age discrimination is illegal only if it does not materialy impact performance.

Try to get a job in the NBA or any other sports team in your '40s and see what happens.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @09:40PM (#35595937)
NBA doesn’t have a public disclaimer saying “only people under the age of 30 have the possibility of joining” though
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by nostromo on Sunday April 16, 2023 @10:04PM (#35596091)
If you can play basketball like a pro, you’ll get in no matter how old you are.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by midoridensha on Monday April 17, 2023 @12:12AM (#35596774)
I guarantee that if some 50-year-old guy tried out and they found he could play better than Michael Jordan in his prime, they'd take him.

Of course, this is extremely unlikely, and he might have a hard time getting in front of the right people to prove himself.

Pro sports doesn't have age limitations that I'm aware of; it's all entirely performance-related. People who can't perform don't get new contracts, regardless of their age, and of course as people get older (and accumulate more sports injuries), they become less competitive.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by stametseater on Tuesday April 18, 2023 @03:17PM (#35618673)
> as people get older (and accumulate more sports injuries), they become less competitive.

I don't think they wait for you to get injured. Before signing you on, they surely require you to pass some physical examinations first. Old people are unlikely to pass those psychicals regardless of how good they are at basketball, since their bones and joints are relatively weaker and therefore more susceptible to injury. What's the point of hiring the world's greatest basketball player if he'll break a hip the first time he falls? If a player has an unusually high risk of being severely injured, then it doesn't make sense to sign them in the first place. Doing so would be tragic and exploitative.

Anyway, the oldest NBA player ever was 45, and there have only ever been 7 who played past 42. Michael Jordan retired at 40 years and 58 days, and that was notably old. A player at 50 who makes the cut is basically fantasy.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by midoridensha on Tuesday April 18, 2023 @08:51PM (#35622721)
>since their bones and joints are relatively weaker and therefore more susceptible to injury.

Regular 50-year-olds, sure. But if they find some genetic mutant who looks like he's 25 even though he's 60, and passes all the physical tests as well as a 25-year-old, age isn't going to be a factor.

Meanwhile, over in the aviation field, that same genetic mutant would be unable to become a pilot purely because of his age.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by nordsieck on Sunday April 16, 2023 @09:46PM (#35595984)
> That smells like illegal age discrimination for any other employer.

Sure. But that's the benefit of wearing the crown.

The government also gets to run IQ tests[1] on many prospective employees, which would be illegal in the private sector due to the 4/5ths rule.

---

1. https://www.officialasvab.com/

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by hgsgm on Sunday April 16, 2023 @10:40PM (#35596306)
The private sector basically can't give IQ tests but can give work-related skill tests that are extremely similar IQ tests.

"LeetCode" tests famous on HN are one example.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by dragonwriter on Sunday April 16, 2023 @10:44PM (#35596330)
> The private sector basically can’t give IQ tests

False.

> but can give work-related skill tests that are extremely similar IQ tests.

Legally, the conditions in which the private sector can give work-related skills tests that are extremely similar to IQ tests are when they fulfill the exact same requirements with regard to those tests that they would need to fill with regard to IQ tests to be able to legally give them; if they are functionally very similar, the circumstances in which they will satisfy those conditions will also be very similar.

The fact that the case establishing the rule on disparate impact discrimination involved (among other hiring practices) the use of IQ testing doesn’t mean that the disparate impact rule applies differently to IQ testing than to other “extremely similar” tests.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by dragonwriter on Sunday April 16, 2023 @10:56PM (#35596385)
> Sure. But that’s the benefit of wearing the crown.

Except its not, see, e.g., the Supreme Court decision in Babb v. Wilkie (2020).

https://www.supremecourt.gov/opinions/19pdf/18-882_3ebh.pdf

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by j16sdiz on Sunday April 16, 2023 @11:20PM (#35596515)
Wikipedia article, for those not vested in legalese: https://en.wikipedia.org/wiki/Babb_v._Wilkie

> Section 633 of the Age Discrimination in Employment Act of 1967 permits federal employees to sue over any adverse personnel action that is influenced by age, even if age was not the determinating factor.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by stametseater on Sunday April 16, 2023 @10:05PM (#35596093)
It's legal age discrimination because they've determined it to be a BFOQ.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by SOLAR_FIELDS on Sunday April 16, 2023 @10:17PM (#35596184)
I can buy this defense if they have a reasonable justification for this determination published somewhere publically (via court documents or otherwise). Do they? This isn’t something that we just take their word for it.
Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by stametseater on Tuesday April 18, 2023 @02:54PM (#35618304)
You're acting like this is some new development (presumably because you just now learned about it), but it's been this way since forever. If it were legally dodgy, then why hasn't it been challenged in court and torn apart? Because you're the first to be offended by it, or because it isn't dodgy and the FAA are on firm ground? The latter. Age limits for pilots and ATC are textbook examples of BFOQs.

> This isn’t something that we just take their word for it.

If you want to hit the books, knock yourself out. I am perfectly content to take the FAA's word for it, and think you'd be wasting your time.

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by hgsgm on Sunday April 16, 2023 @10:47PM (#35596338)
How is age (regardless of ability) a qualification?

Why can't they give an entrance test?

Re:ATC staff shortages: 11,000 Flights Cut from NYC and DCA ... by jabroni_salad on Sunday April 16, 2023 @11:27PM (#35596563)
As you get older, your cognitive throughput is going to decrease.

They want to train you up in the money zone and then give you the boot before you decline past a certain point and cause a disaster.