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The Federal Aviation Administration (FAA) is battling a class-action lawsuit that accuses it of rejecting 1,000 applicants due to diversity hiring policies. The lawsuit claims the agency prioritized inclusion initiatives over skill-based hiring, leading to staffing shortages and lower standards in air traffic control.

Concerns over FAA hiring policies resurfaced after a deadly midair collision on Wednesday in Washington, DC. The crash involved an American Airlines plane and a Black Hawk helicopter, killing 67 people in the worst U.S. aviation disaster in nearly 25 years.

Allegations of Hiring Discrimination

The lawsuit argues that the FAA, under the Obama administration, abandoned a merit-based hiring system for air traffic controllers. Instead, it introduced a biographical assessment to increase minority recruitment.

Andrew Brigida, the lead plaintiff, claims the FAA discriminated against him due to his race. He applied for a position after scoring 100% on his training exam but was rejected. He alleges the agency’s hiring changes made an accident inevitable by lowering selection standards.

Criticism of FAA hiring practices intensified this week, with some, including former President Trump, suggesting diversity hiring contributed to understaffing. Asked if he believed FAA policies made an accident unavoidable, Brigida responded, “Yes, that’s kind of accurate.”

Staffing Shortages Under Scrutiny

FAA reports revealed that the air traffic controller on duty during the Black Hawk crash handled the work of two people. The Ronald Reagan Washington National Airport control tower had fewer staff than needed for the time of day and traffic volume.

Controllers at the airport typically split responsibilities, but due to understaffing, a single controller had to manage helicopters and oversee flights. A Congressional report showed the airport had 19 certified controllers in September 2023, while 30 were needed.

By Friday, the FAA stated the facility now had 25 fully certified controllers, plus three more in training. However, staffing issues persist across the FAA, as the agency struggles to recover from mass layoffs during the 2020 pandemic.

Legal Battle Over Diversity Hiring

Brigida, now an FAA program manager, hopes Trump will take action to fix the staffing crisis. He believes the Department of Transportation understands the issue and will push for immediate solutions.

During Trump’s first term, government lawyers argued against Brigida’s lawsuit. They stated that expanding applicant pools does not constitute discrimination under Title VII of the Civil Rights Act.

The FAA’s legal defense argued that equal opportunity does not mean preserving advantages for previous applicants. Officials stated that Title VII protects against discrimination, not against policy changes that increase diversity.

The case remains a flashpoint in the debate over FAA hiring standards, staffing shortages, and the balance between diversity and safety in air traffic control.