The Federal Aviation Administration (FAA) has recently come under scrutiny for its hiring policies regarding air traffic controllers. A legal battle is unfolding over whether the FAA’s revised hiring practices violate merit-based selection principles.

Background on the FAA’s Hiring Changes

Previously, the FAA prioritized applicants from its Collegiate Training Initiative (CTI) programs, where candidates underwent rigorous coursework and testing. However, during the Obama administration the FAA later implemented a Biographical Assessment (BA) to screen candidates before considering their qualifications. Critics argued that this change unfairly disadvantaged highly qualified candidates in favor of a more diversity-focused approach.

When examining how exactly these guidelines effect the hiring process, the problem reveals itself. Brigida v. Buttigieg states, “The Biographical Questionnaire awarded points to applicants in a fashion untethered to the qualifications necessary to be an air traffic controller. For instance, applicants could be awarded fifteen points, the highest possible for any question, if they indicated their lowest grade in high school was in a science class. But applicants received only two points if they had a pilot’s certificate, and no points at all if they had a Control Tower Operator rating, even though historic research data indicated that those criteria had ‘a positive relationship with ATCS training outcomes,’. Further, if applicants answered that they had not been employed at all in the prior three years, they received 10 points, the most awarded for that question”.

Learn more about the FAA’s hiring policy changes

Legal Challenges

A lawsuit has been filed against the FAA, alleging that the new hiring process discriminates against qualified candidates. Plaintiffs argue that the Biographical Assessment lacks transparency and fairness, prioritizing demographic factors over skill and experience. The case could have significant implications for federal hiring policies.

The National Black Coalition of Federal Aviation Employees (NBCFAE) helped its members cheat on the examination to apply for a position as an air traffic controller, according to a 2016 Department of Transportation Office of Inspector General report obtained by “Tucker Carlson Tonight.”

During a teleconference, NBCFAE explained to members how to answer questions in the application for hiring air traffic controllers. “According to [redacted] the members told [redacted] some of the questions they posed were either taken from the… test or were questions they were told were on the test,” the report stated.

Witnesses told investigators that they were told what answers to mark in order to pass the test.

The NBCFAE previously lobbied for the biographical test in order to increase diversity among air traffic controllers. The test that was created as a result of these efforts resulted in penalizing individuals with aviation experience, aviation attorney Michael Pearson said Tuesday during his interview with Fox News host Tucker Carlson.

“It’s not a screening test. It actually turned out the scoring group could actually penalize people with aviation experience — pilots, air traffic controllers. And then to make it worse, they had folks stand in line for this test, that somebody in the NBCFAE had apparently got the answers to and coached other people how to pass the test,” Pearson said. “The Office of Inspector General did not choose to pursue criminal charges against those who helped NBCFAE members cheat, despite cheating on a federal employment examination being a federal crime.”

Implications for the Aviation Industry

If the lawsuit succeeds, it may force the FAA to revert to a merit-based system, impacting thousands of aspiring air traffic controllers. A ruling in favor of the FAA, however, could reinforce diversity-based hiring across federal agencies.

The outcome of this case will set a precedent for how government agencies balance diversity initiatives with qualifications-based hiring in critical industries.