Federal Aviation Administration Sued For Using Biographical Questionnaire That Illegally Screened Air Traffic Controller Applicants Based On Race

The Association of Collegiate Training Institutions announces a new lawsuit against the Federal Aviation Administration, alleging that the 2014 Biographical Assesement was never properly validated and was used to illegally eliminate the most qualified applicants based upon race.

Dallas, Texas ‐ September 24, 2018 – A lawsuit was filed in Texas District Court on behalf of Plaintiff Lucas Johnson, and potentially over 28,000 other air traffic controller applicants, who were required to take a biographical assessment as part of the initial application process. The class action lawsuit alleges that the February 2014 air traffic controller applicant biographical assessment was never properly validated and was used to illegally eliminate the most qualified applicants based upon race. The suit alleges that the FAA played racial politics and worked with the National Black Coalition of Federal Aviation Employees, a FAA special interest group, to intentionally disadvantage applicants based on race – such as Hispanic, Asian, and Caucasian applicants.

The suit alleges that the FAA ignored qualified veterans, college graduates with aviation degrees in air traffic control, pilots, and other applicants with substantial aviation experience in a time of extreme need. In short, diversity and the agenda of a radical special interest group were placed above the wellbeing of the national airspace system and public safety. The suit further alleges that the non‐validated biographical assessment was specifically designed to favor those who performed poorly in science, had not been employed for over three years prior to taking the exam, and who lacked aviation experience and penalize those who had prior military, aviation, air traffic control, or college aviation experience.

“This lawsuit seeks to expose the radical actions of the FAA in illegally eliminating the best qualified air traffic controller applicants due to their race. Thousands of pilots, military veterans, and those with significant aviation skill and knowledge were forced take an examination that actually penalized those with experience” said Michael Pearson of Curry, Pearson & Wooten, PLC, the lead attorney on the case. Mr. Pearson is working with King Blair, PC, who is local counsel in the matter.

Plaintiff Lucas Johnson, a college graduate with two aviation related degrees as well as significant aviation work experience, is one of over twenty‐eight thousand applicants who took the biographical assessment and expected a fair application process. Instead Mr. Johnson, and thousands of others, was forced to participate in a rigged system deliberately infected with racial bias. The lawsuit asks the U.S. District Court to provide a fair playing filed for all those who took the 2014 biographical assessment and failed to pass.

“The federal employment process is supposed to be open and fair. Not only were the FAA’s actions illegal and done with a cloak of secrecy, they frustrate the will of Congress and are contrary to our fundamental system of fairness and justice” said Mr. Pearson.

Curry, Person & Wooten, PLC, along with co‐counsel Mountain States Legal Foundation, also sued the FAA in 2014 for illegally eliminating the air traffic control applicant register comprised of approximately 2,500 to 3,000 college graduates of 36 AT‐CTI programs.

Those who applied to be an air traffic controller in February of 2014 and failed the biographical assessment are urged to visit www.faadiscrimination.com, which will be online in early October 2018, for further information.

Posted in Advocacy, Judicial, Press Release.