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Tipsheet

2015 Lawsuit Uncovers Shocking Revelations About the FAA

2015 Lawsuit Uncovers Shocking Revelations About the FAA
AP Photo/Rick Bowmer

The Federal Aviation Administration (FAA) faces mounting scrutiny after it was revealed that the agency turned away over 1,000 job applicants due to its Diversity, Equity, and Inclusion (DEI) hiring practices. The revelation has sparked intense controversy after an American Airlines flight collided with a military helicopter over the Ronald Reagan Airport in Washington, DC, earlier this week. Critics argue that the FAA’s adherence to DEI policies may have inadvertently sidelined qualified candidates and hired workers based on the color of their skin and gender identity rather than merit. 

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According to a lawsuit filed in 2015, Lead plaintiff Andrew Brigida argued that the FAA’s focus on DEI-driven hiring practices was crucial in increasing the likelihood of a fatal accident. He suggested that the FAA’s constant emphasis on diversity over qualifications likely contributed to a lapse in safety standards, ultimately making such incidents more probable.

After the midair collision last week, it was revealed that the FAA's staffing levels were not normal at the time of the crash.

According to the lawsuit, during the Obama administration, the FAA abandoned a skills-based hiring system for air traffic controllers in favor of a "biographical assessment" aimed at increasing minority representation in the applicant pool. Brigida claimed that despite scoring 100 percent on his training test, he was turned down for the position, which he believes was due to his being a white male. 

It is also worth noting that the FAA has struggled to meet staffing requirements following COVID-era layoffs and has yet to recover fully. The lawsuit pointed out that, due to understaffing, a single controller was tasked with managing both helicopters and directing planes on the crowded airport runways. Normally, these duties are divided between two separate controllers. In September 2023, there were only 19 fully certified controllers on deck when there should have been at least 30 to meet the goal set by the FAA and controllers’ union.

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“You want to hire the best and the brightest for this kind of job because it is a very stressful job and it can take a toll on you, age you prematurely. You want to make sure that the people that are doing it are the best,” Brigida said, who now works for the FAA as a program manager. 

“Trump obviously sees the issue at hand, and if he didn’t, I’m sure people that work in the Department of Transportation and the FAA informed him that there is an issue with staffing and air traffic control, and I’m hoping they can work on it immediately,” he continued. 

During the first Trump administration, lawyers for the Federal Transportation Department attempted to dismiss his case, arguing that Brigida’s DEI claims did not have enough solid ground to stand on. 

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