Final answer:
The mandatory retirement age set by Elaka Air for its flight attendants is an example of age discrimination, which could contravene the Age Discrimination in Employment Act (ADEA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC), unless it can be justified as a bona fide occupational qualification.
Step-by-step explanation:
The scenario described by the student, where Elaka Air has set a mandatory retirement age for its flight attendants, exemplifies a case of age discrimination in the context of federal employment laws. The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that make it illegal to discriminate against employees based on several criteria, including age. According to the Age Discrimination in Employment Act (ADEA) of 1967 and its amendments, workers are protected from termination or discrimination in employment decisions based on age, specifically for those 40 years or older. Therefore, mandatory retirement policies could potentially violate the ADEA unless there are specific safety-related reasons that justify such a policy.
Indeed, it is essential to recognize that while management might have concerns about the capabilities of older flight attendants in pressurized cabins, these concerns must align with ADEA regulations. Employers are required to provide evidence that an age limit is a "bona fide occupational qualification" necessary to the operation of the business, a criterion that can be quite strict to meet. Therefore, the imposition of a mandatory retirement age could be subject to legal scrutiny and challenge if it is deemed unnecessarily discriminatory.