A class action lawsuit alleging age discrimination and lack of due process for designated pilot examiners (DPEs) has been launched against the FAA in Florida and is demanding major reforms of the DPE system. The suit, filed by former DPEs Richard Lasky and Joseph Puglia, alleges the two were fired because of their age and that there was no due process available to them to appeal their dismissal. The suit claims they, and many others who will fall under the class, were over the age of 40 and “terminated by the FAA due to their age in violation of their respective rights of equal protection of the law under the Fifth Amendment to the U.S. Constitution.”
The complaints grew out of a 2021 change to the FAA’s internal operating orders that removed DPEs’ right to appeal their dismissal by the FAA. DPEs are not FAA employees and work at the discretion of the Administrator Bryan Bedford, who is named in the suit. The plaintiffs have asked for a jury trial. The suit comes as the FAA is encouraging more flight schools to do their own practical exams in the face of a shortage of DPEs. The FAA is also beginning a program that will allow everyone who takes a checkride to grade the DPEs who did the tests. The survey was mandated by the 2024 FAA Reauthorization.
Well, a couple points to be made here from the text in the story.
First, if the DPE’s in question are not FAA employees (as stated) and do indeed work “at the discretion of the administrator” then the DPE’s have no legal standing to sue and they are out of luck before they get out of the gate with the lawsuit.
Second, an allegation of firing “due to age” would imply a larger effort within the FAA to purge out old DPEs, while this suit names exactly TWO individuals – not exactly a wave of removals. They are going to have to prove their case in this regard if their case survives #1 above.
“The suit claims they were over the age of 40”?! What am I missing here – I haven’t met many DPEs UNDER the age of 40.
The DPE system needs a reform process that goes well beyond this alleged “issue”, what is in place now is pretty much a joke in terms of professionalism, standardization, consistency, or checks and balances. As a flight school owner I see so much ridiculous behavior and a general lack of professionalism from DPEs. There is a general lack of humility and subtle air of superiority and bullying that really just has to stop. It has created a lot of wariness and distrust in my CFIs and students regarding the DPEs in our region. My folks are starting to look across state lines to find the ones that show consistent professionalism and accountability.
DPEs currently have no true accountability regarding standards, scheduling, or checkride conduct and applicants are all but powerless with any complaints. They are allowed to conduct their checkrides at any fee they like, any scheduling “system” they determine (often a call or text that’s not returned), and from the pulpits of their own individual experiences, which may or may not be a good thing depending on the DPE. Some are downright bullies with their own interpretations of regs, emphasis areas, etc. As far as I’m concerned it’s the Wild West, and your best bet is to find one or two you like and send your students there.
The FAA complaint system is currently worthless (if they respond at all), and it seemingly takes a lot of one type of complaint for anything to even get investigated, let alone disciplinary action for the offending DPE or any kind of justice for the mistreated applicant. It’s kind of like the FAA doesn’t even really know what’s going on out there.
I would love to see a standardized fee system, a centralized scheduling system, clearer set of test expectations (the ACS is overly broad and DPEs just cherry pick), and a more responsive feedback system so the bad apples can be dealt with. IMO that would really help regain the trust of the aviation community.
The “Age 40” has to do with the Age Discrimination Employment Act. It prohibits age discrimination against people age 40 or older.
Being over 40 alone is not the sole determinant. You still have to prove that one was fired because of their age. But if one is not 40 or older then the protections in the federal law don’t apply.