The Federal Aviation Administration (FAA) is fighting a class-action lawsuit accusing it of denying jobs to 1,000 air traffic controller applicants. The lawsuit alleges that the FAA prioritized diversity hiring targets over merit-based selection.
This legal battle resurfaced following the deadly midair collision in Washington, DC, where a Black Hawk helicopter and an American Airlines passenger plane crashed. The accident, which killed 67 people, marked the worst U.S. aviation disaster in nearly 25 years.
The lead plaintiff, Andrew Brigida, claimed the FAA’s focus on diversity hiring contributed to staffing shortages and lower standards in air traffic control. His lawsuit, originally filed in 2015, alleges the FAA abandoned its skill-based hiring system under the Obama administration.
Lawsuit Claims Hiring Changes Led to Discrimination
Brigida, who is white, argues that the FAA discriminated against him solely based on his race. According to court filings, he applied to become an air traffic controller after graduating from Arizona State University’s training program in 2013. Despite scoring 100% on his training exam, his application was rejected.
The lawsuit asserts that the FAA replaced its skill-based hiring process with a biographical assessment to increase minority representation. Critics, including former President Donald Trump, blame this hiring shift for understaffing and declining air traffic control standards.
When asked whether FAA hiring policies made a major accident inevitable, Brigida replied, “Yes, that’s kind of accurate.” He insists the agency’s staffing shortages created an unsafe environment in U.S. airspace.
Staffing Shortages Contributed to Deadly Crash
The FAA confirmed that at the time of the passenger plane-Black Hawk helicopter crash, only one controller handled tasks normally split between two people. The Reagan National Airport control tower was understaffed for the level of traffic that night.
FAA reports indicate that Ronald Reagan National Airport had only 19 fully certified air traffic controllers as of September 2023. The facility was supposed to have 30, as outlined in the FAA’s Air Traffic Controller Workforce Plan.
By Friday, the FAA stated the airport had 25 fully certified controllers, plus three additional controllers in training. However, pandemic-related layoffs in 2020 left the agency struggling to restore its workforce.
Brigida, now a program manager at the FAA, hopes Trump will immediately address the staffing crisis. He believes the former president recognizes the severity of the situation and will push for urgent reforms.
Government Defends Hiring Changes in Court
During Trump’s first term, Federal Transportation Department lawyers moved to dismiss Brigida’s lawsuit. They argued that expanding applicant pools to include more diverse candidates does not constitute discrimination.
Under Title VII of the Civil Rights Act, employers cannot discriminate based on race, color, religion, sex, or national origin. The government contends that widening hiring eligibility does not violate anti-discrimination laws.
Officials wrote that Title VII protects equal treatment, not preferential treatment. They argued that Brigida’s claim lacks merit since the hiring process itself did not directly discriminate against him.
The legal battle remains unresolved as critics continue to scrutinize the FAA’s hiring policies and workforce challenges in the wake of the recent aviation disaster.
