The FAA just issued a new mandate requiring airlines to certify that pilot hiring is based solely on merit—not diversity initiatives—despite zero evidence of compromised safety. Is this regulation necessary, and even legal or just political signaling?
On Friday, the FAA announced new mandatory Operations Specification “Merit-Based Pilot Hiring” for all carriers operating under 14 CFR Part 121, which includes scheduled commercial airlines and it includes major cargo carriers as well.
The certificate holder shall ensure pilot hiring is exclusively merit-based to fulfill its duty to provide the highest possible degree of safety in the public interest.
Air travel remains remarkably safe, and safer than other forms of transportation. There’s no suggestion by DOT that any airline’s practices compromise safety in any way.
Here’s what the notice actually does:
- Directs FAA Principal Operations Inspectors (POIs) to notify each carrier of the Notice’s publication.
- Allow the carrier to submit written “information, views, and arguments” within 7 days of the notification letter.
- After considering any submission, send a disposition letter (adoption, partial adoption, or withdrawal).
- Issues the specification not later than 30 days after completing the previous step.
The Department of Transportation’s press release says “all U.S. carriers will be required to certify that [hiring based on race/sex] is terminated.” That isn’t quite correct. It is a requirement the airline accepts as part of its Operations Specifications.
Of course, most diversity efforts in pilot hiring has related to recruiting efforts and funding for training and that’s because of a shortage of pilots. Any business that wants to be more successful than average will need to do a better job finding talent, which means looking for talent where others aren’t.
And it’s a bit odd to suggest that pilot hiring has been too diversity-focused?
Was the #2 at the Denver hiring center also onboarded through DEI? Did she or did she not change fail grades for DEI hires because “it makes the numbers look bad”?
Did the instructor who failed this co-pilot ask corporate why they passed him?
— Ashley St. Clair (@stclairashley) January 5, 2024
You mean IOE right?
The repair. And a very costly one.
In fact a lot of the time, depending on age of aircraft(and other factors), it may just be totaled. Or repaired and sold. pic.twitter.com/4yzf03eNqd— MFAM Tesla (@JoshuaThePilot) January 5, 2024
The major pilot union was successful in lobbying for legislation that made it unnecessarily time-consuming and costly to become a pilot (e.g. the ‘1,500 hour rule’ which doesn’t apply in Europe, or to European airline pilots flying in the United States every day).
Without enough pilots, airlines went looking for potential recruits. But qualified pilots have not had difficulty in getting hired.
On the contrary, small cities have had difficulty retaining air service because pilot costs are too high to amortize across a very small number of seats. Airlines are phasing out 50-seat regional jets. There aren’t many 30-seat turboprops at regional carriers anymore!
A better approach to safety is broading to pool of available pilots, in order to make it possible to be more selective based on merit.
Now, I’m not sure it is legal to turn hiring policy into an aviation safety standard, turning 49 U.S.C. § 44701 into a general HR regulator. The notice does not make any evidentiary showing that unqualified pilots are being hired. Without data, findings, standard, or a measurable compliance test it’s not clear how this passes Administrative Procedures Act muster.
And while Ops Specs are case-specific approvals, this is a generally applicable mandate across all Part 121 carriers. I’m not even sure how the FAA audits this unless an airline makes announcements that directly claim to violate it. And an investigation is the only promised penalty in any case.
When United was ‘woke’ during the Biden administration (before donating to President Trump’s inaugural and defending his tariffs), they articulated a goal that at least half of new pilots trained would be women or people of color. Statements like that become dangerous under the rule, but they’re only dangerous under this DOT and United wouldn’t make them again until it’s beneficial to do to curry favor with a new administration.
Of course, the FAA itself for years engaged in diversity selection of air traffic controllers for limited spots at their academy, and this directly traded off with hiring ‘more qualified candidates’ but this is not in any way the cause of problems at the agency’s air traffic organization. And everyone that’s gotten into a tower has been properly certified to be there.
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