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Complaint Challenges Lack of Due Process in DPE Terminations

FAA’s system ‘opens the door’ to malicious complaints and unfair proceedings, plaintiffs say.

Flight instructor and student inside small Piper aircraft [Credit: Adobe Stock]
Flight instructor and student inside small Piper aircraft [Credit: Adobe Stock]
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Key Takeaways:

  • A class action lawsuit has been filed by former Designated Pilot Examiners (DPEs) against the FAA, alleging a lack of due process for DPEs who are suspended or terminated.
  • The complaint asserts that DPEs can be dismissed immediately without explanation, review, or opportunity to defend themselves, a policy the FAA justifies by stating the designation is a "privilege and not a right."
  • This absence of due process reportedly leads to arbitrary dismissals, potential discrimination, and pressures DPEs to compromise objectivity due to fear of complaints, impacting aviation safety and fairness.
  • Plaintiffs argue the lack of recourse affects all FAA designees, creates negative ripple effects in pilot training, and causes many examiners to resign rather than endure the stress and uncertainty.
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A class action complaint on behalf of Designated Pilot Examiners (DPEs) has been filed in the U.S. District Court for the Middle District of Florida. 

The 36-page complaint was filed on behalf of former DPEs Robert Lasky and Joseph Puglia, both of Florida. The complaint is designed to bring attention to the fact that there is no due process for DPEs who are suspended or terminated.

Meg Godlewski

Meg Godlewski has been an aviation journalist for more than 24 years and a CFI for more than 20 years. If she is not flying or teaching aviation, she is writing about it. Meg is a founding member of the Pilot Proficiency Center at EAA AirVenture and excels at the application of simulation technology to flatten the learning curve. Follow Meg on Twitter @2Lewski.

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