The Federal Aviation Administration (FAA) is battling a class-action lawsuit that claims it denied jobs to 1,000 air traffic controller candidates due to diversity hiring targets.
This legal battle resurfaced after a deadly midair collision in Washington, DC, on Wednesday. The crash involved an American Airlines plane and a Black Hawk helicopter, killing 67 people. It was the worst aviation disaster in nearly 25 years.
Critics argue that FAA hiring policies contributed to understaffing at Ronald Reagan Washington National Airport. The agency confirmed that the air traffic controller on duty was handling the workload of two people at the time of the crash.
Lawsuit Challenges FAA Hiring Practices
The lawsuit, first filed in 2015, claims the FAA replaced a merit-based hiring system with a biographical assessment to increase minority recruitment. Andrew Brigida, the lead plaintiff, says he was rejected despite scoring 100% on his training exam.
Brigida, who is white, alleges he was discriminated against based on race when the FAA rejected his application. The lawsuit argues that the Obama administration’s hiring changes led to lower standards for air traffic controllers.
Brigida believes diversity-based hiring made an accident inevitable. “That’s kind of accurate,” he told The Telegraph when asked if FAA policies contributed to the crash.
FAA staffing shortages have persisted for years. A 2023 report from Congress showed only 19 certified controllers worked at Ronald Reagan National Airport, well below the FAA’s goal of 30.
FAA Struggles with Staffing Crisis
The FAA’s preliminary crash report confirmed that staffing levels at Ronald Reagan National Airport were not normal for the time of day and traffic volume.
Due to understaffing, a single controller oversaw both helicopter movements and managed arriving and departing planes. This dual workload is usually handled by two separate controllers.
The FAA recently increased staffing, confirming that 25 fully certified controllers now work at the airport. Three additional controllers are currently in training after earning certifications elsewhere. The tower’s authorized staffing level is 28 controllers, but the FAA has struggled to reach this number.
The pandemic-era layoffs in 2020 worsened the FAA’s staffing crisis, and the agency has not fully recovered. Brigida, now an FAA program manager, hopes that Donald Trump, if re-elected, will prioritize fixing the issue.
During Trump’s first term, Department of Transportation lawyers argued against Brigida’s lawsuit. They claimed that broadening hiring eligibility does not constitute discrimination under Title VII of the Civil Rights Act.
The government’s legal argument emphasized that Title VII protects equal treatment, not preferential treatment. It stated that candidates cannot demand the preservation of an old system that benefited them, but must prove actual discrimination in the new hiring process.
