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An Obama Domestic Policy That Will Get Hundreds Killed: the FAA Endangers the Flying Public By Hiring Future Air Traffic Controllers Based on Race, Not Ability or Skill!

Mar 15, 2016 | by William Perry Pendley

A tragic, but true story: On a hot summer day, 36,000 feet in the sky over southern Germany, a Russian passenger jet and a Boeing 757 were on a collision path. The air traffic controller in charge of that section of airspace did not realize what was happening until less than a minute before impact. He instructed the Russian airliner to descend, and the pilot obeyed.

Unfortunately, the in-flight computer on the 757 directed its pilot to descend as well. Meanwhile, the computer on board the Russian jet adjusted automatically, telling its pilot to increase elevation. The pilot ignored it and listened to the air traffic controller instead. Seconds later, the tail of the 757 sliced through the fuselage of the Russian passenger jet, which exploded. The 757’s pilot did his best, but flew only four miles before crashing.

Everyone on board both planes, including 45 children on a school trip, died in this terrible mistake. Post-flight analysis showed that if the pilots had obeyed their on-board computers instead of the air traffic controller, this sad and horrifying incident never would have happened.

If you are thinking, that will never happen here in America, think again because President Obama’s Federal Aviation Administration (FAA) has revised the way it hires air traffic controllers (ATCs)—the highly skilled and carefully trained men and women who guide over 87,000 flights a day carrying tens of millions of us and our loved ones. And the change is not a good one!

Here is the way FAA Administrator Michael Huerta put it. He plans to “transform the FAA into a more diverse and inclusive workplace that reflects, understands, and relates to the diverse customers we serve.” Thus, of most importance to him is not the abilities and skills of new ATCs, but their race!

As a Marine, I had the honor of serving as a navigator aboard RF-4B Phantom II jets, flying in the United States and the Far East. I know how important ATCs are to our planes in the air, both military and civilian. Then, and now, I could not care less about their skin color. I just want the most qualified person available to make sure my aircraft is safe.

Unfortunately, the Obama administration’s obsession with race rules even if it means the FAA will be putting the safety and the lives of hundreds of millions of Americans at risk. MSLF will not allow that to happen.

On December 30, MSLF sued the U.S. Department of Transportation (DOT), the FAA, and the DOT Office of Civil Rights as well as the presidential appointee heading each entity. With Michael Pearson, Esq., a former ATC and member of Curry, Pearson & Wooten, PLC in Phoenix, as local counsel, MSLF sued in Arizona federal district court. MSLF charges the defendants violated the equal protection component of the Due Process Clause of the Constitution’s Fifth Amendment and Title VII of the Civil Rights Act of 1964.

MSLF’s lawsuit is a class action on behalf of 2,000 to 3,500 men and women who completed all the requirements to be hired by the FAA because they graduated from one of 36 collegiate training initiative (CTI) programs in colleges and universities in 23 States and Puerto Rico, earned the approval of their schools, and scored 85% or more on the demanding Air Traffic Selection and Training exam (AT-SAT)—an eight hour computer-based test devised by the FAA. One graduate described the AT-SAT, an exhausting, monitored 8-hour test, this way: “There are time speed distance equations that you do in your head, actual control scenarios, games that test your ability to multitask; all skills that are essential to this job.” But because of the FAA’s obsession with race, it sent all those men and women a “Dear Applicant” email telling them they will not be hired and that their names are purged from FAA files.

MSLF’s client is Andrew J. Brigida, son of a former New York City cop who retired to Arizona, who excelled at Arizona State University where he earned: two B.S. degrees in aviation, a highly qualified rating from ASU, and a 100 percent score on the AT-SAT. The “Dear Applicant” email told him he would not be hired, his name was purged, and he had to start over by first taking a “test” the FAA calls a “Biographical Questionnaire.”

The Biographical Questionnaire, which is the epitome of psychobabble, would be laughable if the consequences of making hiring decisions based on it were not so serious and deadly. The “test,” which is taken at home, on the applicant’s own computer, without any supervision, asks, for example: “How would you describe your ideal job?” “The number of different high school sports I participated in high school was?” “More classmates remember me as humble or dominant?” That is the test: feelings, sports, and nonsense!

Make no mistake, however. What the Obama administration is doing is clearly unconstitutional. In its attempt to change the racial composition of those hired as ATCs, it abandoned its race-neutral mechanism that ensured only the best and most capable are eligible to be hired by the FAA. The last time a governmental entity did just that, it got slapped down by the Supreme Court of the United States. In 2009, the Court held that an agency may not refuse to accept the outcome of a race-neutral hiring process solely because it does not like the racial makeup of those selected by that process.

This is MSLF’s most vital case in years; at issue: the safety of millions of Americans, the right to be hired without regard to race, and whether our country is one of laws or of men who pervert the law. I hope you can help!

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