Following the Court's September 2019 denial of the Motion for Class Certification, a Motion to Amend the Complaint has been filed on April 29, 2020.
The proposed class would be: the approximately 2,500 to 3,000 non-African American CTI students who: (1) by February 10, 2014: (a) graduated from a CTI program at one of the 36 FAA-partnered CTI Institutions and (b) passed the AT-SAT, (2) applied to be an ATCS trainee through the 2014 all sources vacancy announcement but failed the Biographical Questionnaire that was incorporated into the 2014 ATCS hiring process and was therefore not hired; and (3) have never been offered employment as an FAA ATCS. Excluded from the Class are any CTI graduates who were not U.S. citizens as of February 10, 2014 or by February 21, 2014 had reached 31 years of age (or 35 years of age if they had had 52 consecutive weeks of prior air traffic control experience).
The Federal Defendants must now respond to the Motion to Amend. Following that, the Court will rule on the Motion to Amend.
CTI GRADUATES THAT HAVE PASSED THE AT-SAT, RECEIVED A RECOMMENDATION FROM YOUR SCHOOL, APPLIED TO THE FAA AND WERE WAITING ON THE LIST…….
The U.S. Supreme Court has held an employer may not make a race-based employment decision for the purpose of avoiding potential disparate impact liability. Ricci v. DeStefano, 557 U.S. 557, 584 (2009). An employer may take affirmative efforts to ensure that all groups have a fair opportunity to apply for employment opportunities. Id. at 585. However, an employer may not invalidate an existing hiring system, thus upsetting an applicant’s legitimate expectation not to be judged on the basis of race, without a “strong basis in evidence of an impermissible disparate impact,” because such an action “amounts to the sort of racial preference that Congress has disclaimed ... and is antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race.” Id.
By essentially throwing out the present selection system, the FAA has unlawfully discriminated against all CTI Graduates, all of whom had certain ranks or places on the CTI list, on the basis of race in violation of Title VII of the Civil Rights Act of 1964.
A lawsuit has been filed in federal court Curry, Pearson & Wooten, PLC and Mountain States Legal Foundation. The lawsuit is asking the court to grant class action status to certain graduates of CTI schools that were on the FAA's referral list as of January 2014. A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of persons, referred to as "the class." Any potential claimant who was on the FAA’s referral list, had graduated from a FAA designated CTI program, had achieved an 85 score or higher on the ATSAT, and received a recommendation from their institution may be considered a class member ONLY IF THE COURT GRANTS CLASS STATUS. THIS IS VERY IMPORTANT. Class status is not guaranteed. The filed lawsuit only pertains to one individual (unless class status is granted by the court) who was on the FAA's referral list prior to 2014. Curry, Pearson & Wooten and Mountain States Legal Foundation are only representing one client unless the court grants class status. The request for class status, does not pertain to those students or graduates that took, and failed, the FAA's biographical questionnaire examinations.
IMPORTANT NOTICE: The only way for individual potential claimants to protect their individual rights, in the event that the court does not grant class status, would be for each individual claimant to hire a lawyer to individually handle their claim(s) and file an individual lawsuit in a timely manner. An individual lawsuit would have to be filed within the requisite statute of limitations period which may vary widely depending on your state of residence.
NOTHING, ON ANY PAGE ON THIS SITE, SHOULD BE INTERPRETED AS A SOLICITATION TO REPRESENT YOU. UNLESS THE COURT GRANTS CLASS STATUS AND YOU DO NOT "OPT-OUT" AND YOU NO LAWYER-CLIENT RELATIONSHIP OR DUTIES EXIST BETWEEN OUR FIRMS AND ANY PROSPCETIVE CLASS MEMBER(S).
If you were on the FAA's CTI referral list as of January 2014, and all of the conditions stated above pertain to you, you may want to provide information by clicking on the button below so that we can keep you updated as the lawsuit proceeds. The provision of information does not mean that we are representing to you.
BY CLICKING THE LINK BELOW YOU AGREE AND UNDERSTAND THAT YOU ARE NOT BEING REPRESENTED BY EITHER OF OUR FIRMS.