EXCLUSIVE: FAA Discrimination Lawsuit Names EEOC Chair

Evan Gahr | Investigative Journalist

In a little-noticed  discrimination lawsuit the Mountain States Legal Foundation sued the Federal Aviation Administration (FAA) last December for purging highly qualified applicants for air traffic controller jobs and dispensing with relevant skills screening in order to foster “diversity.”

Because when your plane hits massive turbulence shortly before the scheduled landing, the race of whoever is trying to help the pilot avert disaster is surely of paramount importance?

Not surprisingly, the FAA, rather than argue there is a black way to land a plane and a white way to land a plane, tried to pass the buck. FAA lawyers told the MSLF the agency was legally immune because the EEOC had not yet ruled on their client’s individual and class action complaint.

So to avoid any confusion MSLF just sued the EEOC as well!

MSLF president William Perry Pendley explained to the Washington Gadfly that, “We need all the parties in court. So when an FAA lawyer lies about what is going on here,” an EEOC attorney can be grilled separately on their own delay. “We’ll get everybody together and let the judge sort it out.”

The amended complaint, filed April 18, personally names EEOC chair Jenny Yang. Pendley says he might seek to depose Yang, an Obama appointee, about the agency deep sixing his client’s individual and class action discrimination complaint from over two years ago.

Federal litigants are normally required to receive EEOC clearance prior to filing employment discrimination lawsuits.

According to the revised complaint, “On April 16, 2014, the DOT sent a letter to Plaintiff [Andrew] Brigida which acknowledged receipt of the formal EEO Complaint [filed with the DOT] and provided that the Complaint was forwarded to the EEOC for their recommendation to accept or reject the Complaint.”

Shirking its statutory responsibility to handle the matter in a timely fashion, the “EEOC has neither certified nor denied certification of the putative class nor has it responded to the allegations in the EEO Complaint from the date of the filing of the EEO Complaint (April 12, 2014) through the date of filing of this amended Complaint.”

Why the delay?

Pendley speculates that given the Obama administration’s innumerable racial quota schemes, “it is possible somebody at the White House is involved.”

Roger Clegg, president of the Center for Equal Opportunity, one of the few conservative groups that still feverishly fights racial quotas these days, told me that the EEOC covering up the FAA complaint makes a certain amount of perverse sense because under Obama the EEOC has been both “politicized and inefficient.”

What is the EEOC’s official response?

My phone call to their press office at the God awful hour of 5:45 PM Monday went right to voice mail. No options offered to email somebody or call a cell phone number if it is urgent.

Maybe when somebody saunters into work Tuesday morning they can provide comment.

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