C. Such assignments will be made with the understanding that should the Company decline to patent or make use of such inventions or improvements it will, on request, release the employee from any assignment thereof to the Company, retaining only a non-exclusive license for itself and the right to grant a royalty-free non-exclusive license to the United States Government with respect thereto. D. Such assignment will be made with the further understanding that in the event the Company does not patent or make use of such inventions or improvements and licenses or otherwise disposes of the same to others, it will, after caring for its costs, apportion and pay to the employee a share of any new revenue received therefore from outside sources determined on some equitable basis the Company's selection. In determining that basis, the Company will take under consideration the nature of the invention and the nature of the employee's duties. E. That he will allow the Company to use in any manner photographs taken which show him in activity of his employment or photographs of him which may be used to show him as an employee of Mohawk for purposes of advertising, public relations or any other which the Company may elect. F. That he will allow the Medical Director to contact his personal physician, on a confidential basis, in order to receive medical information which may be necessary for purposes of diagnosis. G. That he hereby authorizes any individual, company or institution with whom he may have been associated to furnish Mohawk Airlines with any information concerning his employability which they have on record or otherwise, and do hereby release the individual, company or institution and all individuals connected therewith from any liability for any damage whosoever incurred in furnishing such information. H. Stewardesses only-That as a Stewardess for Mohawk Airlines she will resign as of the first of the month following her 32nd birthday. Employment is accepted and retained under the foregoing conditions. Date_____ Signature of Employee----. EXHIBIT 7 FRONTIER AIRLINES STEWARDESS: GENERAL STEWARDESS MANUAL A. Requirements for employment 2. Physical requirements: (2) Time Limit-The annual physical examination must be taken within a period of two weeks from the date of notification. The Stewardess will advise her Division Chief Stewardess in writing, with a copy to the Chief Stewardess, when this is accomplished. (3) Expense-The expense of the periodic physical examination will be borne by Frontier Airlines. 3. Probationary Period: a. Six months-A Stewardess will be employed on a six months' probationary period. The Stewardess must obtain a First Aid card before she has completed her 5th month or she will be grounded until she has completed the course. 4. Dismissal: a. During a Stewardess' probationary period or at any time thereafter she is subject to dismissal for good cause related to: (1) Poor attitude. (2) Poor conduct. (3) Failure to conform with Company regulations. (4) Unsatisfactory work. 5. Age Limit for Stewardesses: Effective June 1, 1954, any girl who is employed as a Stewardess on or after this date must resign immediately upon reaching her 32nd birthday. However, the Company will make every effort to find employment for a Stewardess in another capacity with the Company, depending upon the individual's desire and qualifications. 6. Marital Status of Stewardess: A stewardess who marries while in the employment of the Company will be considered to have resigned effective with the date of her marriage. Page 2; chapter 90-2; issue date 8-1-66. EXHIBIT 8 REPORT OF FINDINGS AFTER INVESTIGATION INV. 1851-65 IN THE MATTER OF AIRLINES INDUSTRY-MAXIMUM AGE REQUIREMENTS (STEWARDESSES) On December 17, 1964, the Commission authorized an informal investigation on a statewide basis into the age ceilings for employment of airline stewardesses. I was designated by the Chairman of the Commission as the Investigating Commissioner with respect thereto. The plan of the investigation has been, generally, to determine the policy and practice in this area of age ceilings for stewardesses on an industrywide and statewide basis by affording to the airlines, individually and collectively, and to the stewardesses, individually and collectively, opportunities to present facts and arguments in support of their positions; and, finally, to report as to whether granting of an industrywide bona fide occupational qualification is warranted under the New York State Law Against Discrimination. This report is confined to age ceilings for continued employment as stewardess; a separate report will be made as to age ceilings for initial hire of stewardesses. While the Commission has before it individual verified complaints by stewardesses and applicants for stewardess positions charging specific airlines with discrimination based on age, the merits of these complaint cases are not the subject of this inquiry; they will be dealt with separately, upon the facts and the law pertaining to each complaint. This investigation, as conducted by me with assistance of the Commission's employment Division, consisted of three main phases: Phase 1: A field investigation, conducted during the first half of 1965, which included interviews by Commission staff with key personnel representatives of three airline companies (American Airlines, Trans World Airlines, and United Airlines) and with officers of the two major stewardess unions (Air Line Stewards and Stewardesses Association, Local 550, Transport Workers Union of America, AFL-CIO, and Air Line Pilots Association, Steward and Stewardess Division, AFL-CIO). Phase 2: A mail questionnaire, sent in July 1965 to the presidents of the seventeen other airline companies flying into the State of New York, to which all but one responded. (Attachment A includes copies of the questionnaire and covering letter, and a list of the airlines to which these were sent.) Phase 3: An informational hearing, held on December 7, 1965, at the Commission's offices at 270 Broadway, New York City, to which were invited each of the twenty airlines flying into the State of New York, the Air Transport Association, and the two major stewardess unions. At the informational hearing, representatives of the two unions testified orally, submitted written evidence, and responded to the Commission's questions-all relating to the issues raised by the specification of age ceilings. Each union appeared by counsel: Herbert A. Levy, Esquire (of Cohen & Weiss of New York City), on behalf of the Air Line Pilots Association, Steward and Stewardess Division, AFL-CIO; and Asher W. Schwartz, Esquire (of O'Donnell and Schwartz of New York City), on behalf of the Air Line Stewards and Stewardesses Association, Local 550, Transport Workers Union of America, AFL-CIO. The union representatives testifying included the following: Colleen Boland, President, Air Line Stewards and Stewardesses Association, Local 550; Francis A. O'Connell, Legislative Director, Transport Workers Union; Deloros Kidder, Vice President, Air Line Pilots Association, Steward and Stewardess Division; and Marjorie Cooper, Regional Vice President, Air Line Pilots Association. Steward and Stewardess Division. None of the airlines accepted the invitation to present testimony or argument on the merits through their own executive or staff personnel. Jesse Freidin. Esquire (of Poletti, Freidin, Prashker, Feldman & Gartner of New York City) noted his appearance on behalf of thirteen airlines and the Personnel Relations Conference of the Air Transport Association. Counsel for the airlines challenged the Commission's jurisdiction, on various grounds; his request for an adjournment to December 15, 1965, in order to afford the airlines a further opportunity to decide whether to appear and submit evi informed me that he would not avail himself of the opportunity to appear before the Commission on December 15th but would instead seek to challenge the Commission's jurisdiction in court; and he requested a reasonable period of time within which to prepare to do so, which was granted. It is noted that on December 7th Mr. Freidin, stating he had full authority to speak for the airlines in this regard, rejected my suggestion that the airlines which fly into the State of New York and have a maximum age policy for airline stewardesses refrain from dismissing any person from the position of stewardess on the basis of age pending the resolution of this problem. To date, no action in court has been taken by Mr. Freidin; and it is my opinion that no further extension of time is warranted. Accordingly, and based on the facts and arguments before me, I am herewith issuing my report and recommendations. The three phases of the investigation combined to yield the following background information and basic facts relating to the use of age ceilings by the airlines for continued employment of stewardesses: (1) Background Information (a) On the airlines, the job titles of "stewardess" and "hostess" are interchangeable; those of "flight service attendant" and "cabin attendant" cover both stewards and stewardesses; those of “purser” and “senior flight attendant" cover both males and females in a higher classification. (b) The 38 United States airline companies currently employ some 15,000 stewardesses, and this number is expected to increase during the next few years. There is a high turn-over rate in the stewardess classification; the average length of service is about two years; each year over 5,000 new stewardesses are hired from an estimated 100,000 applicants. Despite this high turn-over rate, there are currently in active flight service several hundred stewardesses who have been flying between ten and thirty years and whose ages range between 30 to over 50 years. (c) Of the 38 United States airlines, 20 fly into the State of New York and 9 of these have stewardess bases in the State of New York. "Stewardesses based in New York State" start and end their flight duties at airports within the State (for example, at John F. Kennedy International and LaGuardia airports). Attachment B identifies these airlines. (d) Pursuant to regulations of the Federal Aviation Agency (FAA), airline stewardesses are required to pass, at least annually, various examinations relating to their continued ability to perform their duties in flight service; these include examinations for emergency evacuation procedures, familiarity with the airplanes in service, and personal health. (2) Age Ceiling for Continued Employment as Stewardess (a) The first airline stewardess was hired in 1935. Until the 1950's, no airline had set an age ceiling for continued employment as stewardess. A few airlines introduced such an age ceiling in the 1950's-setting it at age 32 or 35; others introduced it as recently as 1964. With but few exceptions, the policy has been instituted unilaterally by the company and not as part of its contract with the union. With but two exceptions, the policy when instituted was not made retroactive, those employed prior thereto being permitted to continue flying until the employer's mandatory retirement age (generally 60 or 65). The first application of a special maximum age ceiling (age 32) to produce discharge of a stewardess occurred in 1963; since then, others have been discharged or removed from flight duty because they reached the special maximum age ceiling (age 32 or 35) for continued employment as stewardess. (b) The setting of an age ceiling for continued employment as stewardess is not a "general industry practice." Of the 38 airlines in the United States, 24 do not have this policy. Pan American World Airways, the major United States international airline, does not have this policy. Of the group of domestic airlines frequently referred to as the "Big Four"-namely, American Airlines, Eastern Airlines, Trans World Airlines and United Airlines-only 2 (American Airlines and Trans World Airlines) had this policy at the time of the Informational Hearing. [The Commission is more recently in receipt of information that United Airlines is now seeking to establish an age ceiling for continued employment of its new stewardesses.] In 1963-1964, Airlift International and Central Airlines, both of which had had such an age policy, discontinued it. Available information on foreign airlines is that on seven of them the age ceilings generally fall in the 40's and 50's, up to a maximum age of 67 in Norway. (c) No similar age ceiling for continued employment for stewards exists on any airline. According to the information on hand, the job duties of stewards and stewardesses are the same. SUMMARY (1) None of the evidence on hand gives warrant for the establishment of an industrywide policy setting a special arbitrary chronological age for continued employment of airline stewardesses-whether age 32 or 35, or any age below that of the standard mandatory retirement age for company employees. (2) The evidence on hand does support the opposite position; namely, that termination as an airline stewardess prior to the employer's standard mandatory retirement age should be predicated solely on the individual stewardess' continued ability to perform the duties of the position at the level of performance required by each airline company for its stewardesses. (3) On the basis of the evidence before me as Investigating Commissioner, I do not find that, under the New York State Law Against Discrimination, there is support for a claim that a bona fide occupational qualification based on age for continued employment properly applies to the airline stewardess position on an industrywide basis. MARCH 23, 1966. J. EDWARD CONWAY, Investigating Commissioner. EXHIBIT 9 DETERMINATION AFTER INVESTIGATION, Eloise Soots v. American Airlines, Inc. CASE NO. CA-12288-65 J. Edward Conway, Investigating Commissioner April 20, 1966 The above-entitled verified complaint is one of several complaints involving the job category of airline stewardess, each of which charges, that, in dismissing the complainant from employment as an airline stewardess when she reached a given age (in the instant case, age 33) respondent airline company discriminated against the complainant because of age, in violation of the New York Law Against Discrimination. The respondent airline company herein does not dispute the charge that the basis of the above-named complainant's dismissal was her reaching a given chronological age or that complainant would have been retained in her position as airline stewardess except for respondent's policy setting a maximum age for continued employment as airline stewardess. There has been no presentation of any substantial evidence or argument that the individual work history of the complaint had any material bearing on the termination of her employment as an airline stewardess. The central issue is therefore quite clear, namely, reference to the qualifications of the individual employee, does the airline violate the New York Law Against Discrimination when it establishes a company policy setting a special arbitrary chronological age for continued employment of its airline stewardesses at any age below that of the standard mandatory retirement age for company employees, and applies such policy without reference to the qualifications of the qualifications of the individual employee? Full opportunity has been afforded to respondent to provide data and argument on the merits. To the extent to which respondent has availed itself of this opportunity, respondent has not submitted, in support of the special age limit which it has established, persuasive evidence such as might validate any blanket bona fide occupational qualification. Further, the information submitted by respondent does not furnish any war special factors relating to the duties performed by the particular complainant named herein. Accordingly, based on the evidence before me, I find probable cause in the above-entitled case and will now go forward with the further procedures authorized by the Law Against Discrimination. To: Miss Eloise N. Soots, Complainant, New York, New York 10017 Attention: Mr. C. E. Smith, President EDWARD CONWAY, Investigating Commissioner. EXHIBIT 10 DETERMINATION AFTER INVESTIGATION Patricia Lee Arnold v. American Airlines, Inc. CASE NO. CA-10938-64 J. Edward Conway, Investigating Commissioner April 20, 1966 The above-entitled verified complaint is one of several complaints involving the job category of airline stewardess, each of which charges that, in dismissing the complainant from employment as an airline stewardess when she reached a given age (in the instant case, age 33) respondent airline company discriminated against the complainant because of age, in violation of the New York Law Against Discrimination. The respondent airline company herein does not dispute the charge that the basis of the above-named complainant's dismissal was her reaching a given chronological age or that complainant would have been retained in her position as airline stewardess except for respondent's policy setting a maximum age for continued employment as airline stewardess. There has been no presentation of any substantial evidence or argument that the individual work history of the complainant had any material bearing on the termination of her employment as an airline stewardess. The central issue is therefore quite clear, namely, does the airline violate the New York Law Against Discrimination when it establishes a company policy setting a special arbitrary chronological age for continued employment of its airline stewardesses at any age below that of the standard mandatory retirement age for company employees, and applies such policy without reference to the qualifications of the individual employee? Full opportunity has been afforded to respondent to provide data and argument on the merits. To the extent to which respondent has availed itself of this opportunity, respondent has not submitted, in support of the special age limit which it has established, persuasive evidence such as might validate any blanket bona fide occupational qualification. Further, the information submitted by respondent does not furnish any warrant for the grant of a bona fide occupational qualification to it because of any special factors relating to the duties performed by the particular complainant named herein. Accordingly, based on the evidence before me, I find probable cause in the above-entitled case and will now go forward with the further procedures authorized by the Law Against Discrimination. To: J. EDWARD CONWAY, Investigating Commissioner. Miss Patricia Lee Aronold, Complainant, 347 East 76th Street, Apt. 4D, New York, New York 10021 American Airlines, Inc., Respondent, 633 Third Avenue, New York, New York 10017 Attention: Mr. C. E. Smith, President |