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Quiros v. Kalitta Flying Service6/3/2003
UNPUBLISHED
Plaintiff, a licensed commercial pilot, brought this employment discrimination lawsuit claiming that defendants unlawfully discriminated against him when, among other things, defendants failed to promote him to the status of Lear Jet captain. Defendant appeals as of right from a judgment for plaintiff following a jury trial. We reverse and remand for entry of judgment in favor of defendant.
I. Factual and Procedural History
A. The FAA Prerequisites to Being a Lear Jet Captain
This failure to promote claim is unusual in that the discretion of the employer to promote its employees is constrained by federal aviation law. At least as it relates to this case, it is normal practice for a pilot to progress to first officer of a Beech aircraft, then to Beech captain, to Lear Jet first officer, and finally, to Lear Jet captain. In order to advance to the positions of first officer, Beech captain, and Lear Jet first officer, the Federal Aviation Administration ("FAA") requires a pilot have a specific amount of training and to pass a proficiency examination demonstrating his familiarity with the aircraft (a "check ride"). In order to become a Lear Jet captain, a pilot must obtain a "type rating" certification from the FAA. In order to obtain the type rating, a pilot must present the FAA with written certification that he has been trained to competently perform specified maneuvers in a Lear Jet. A pilot also must pass a written test and a flying proficiency test (a "type ride"). This type ride is administered by a member of the FAA and the chief pilot or check pilot of the testing pilot's company.
B. Defendant's Pilot Training Procedures
A Lear Jet first officer working for defendant who desires to become qualified to be a Lear Jet captain gradually increases his skills by performing more duties during Lear Jet flights. Typically, a Lear Jet first officer begins training in the "pilot not flying" ("PNF") program where he is permitted to fly the Lear Jet at altitudes above ten thousand feet, but is not permitted to pilot the aircraft during critical phases of the flights, including taking off, landing, and shoot approaches. First officers typically train in the PNF program for between twenty-five and fifty hours. After a first officer completes the PNF program, he is designated as second in command ("SIC"), where he is permitted to control the aircraft during critical phases of flights. Finally, an SIC first officer is designated as left seat authorized ("LSA") where he is permitted to fly the plane from the left seat (pilot's seat).
After a pilot becomes an LSA first officer of a Lear Jet, he can train for his type ride so that he can receive accreditation from the FAA to become a Lear Jet captain. It is defendant's policy to assist capable pilots to obtain an FAA type rating. One of defendant's pilots trains the pilot to do all of the specified maneuvers required to pass the type ride. It is normal practice for defendant to train pilots for their type ride during revenue flights when the plane is carrying freight or flying to pick up freight and is not carrying any passengers. Part of training to be a Lear Jet captain is practicing "armchair flying," where the pilot sits on the ground, discusses the profiles and procedures with a training pilot, and visualizes the maneuvers. Defendant places a pilot with an impending type ride on "Lear Jet priority," which allows the pilot to be paired with a training pilot up to two weeks before his type ride for intense training for the test. One or two days before a pilot's scheduled type ride, defendant's chief pilot usually gives the pilot a pretest flight dedicated solely to practici
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