[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR220.21]

[Page 127]
 
                             TITLE 29--LABOR
 
  CHAPTER II--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 220_AIRLINE EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
                  Subpart C_Carriers' Responsibilities
 
Sec. 220.21  Criteria for employment.

    (a) A covered air carrier shall be entitled to apply any 
prerequisites or qualifications determined by it for any vacancy, except 
that, solely with respect to the duty to hire created by the Act, a 
covered air carrier shall not be entitled to limit employment 
opportunities for designated employees on the basis of:
    (1) Initial hiring age (provided that such prohibition shall not be 
applicable to retirement ages applicable to all of any class or craft of 
such air carrier's employees); or
    (2) The existence of any seniority, recall rights or previous 
experience with any other air carrier; Provided, however, That covered 
air carriers shall be entitled to require prospective employees to 
disclose the existence of any such seniority or recall rights in making 
application for employment and to take the existence or nonexistence of 
such rights into account in selecting from among those qualified 
designated employees who have applied for a particular job vacancy.
    (b) In filling job vacancies during the effective period, covered 
air carriers shall be entitled to require applicants to furnish evidence 
that they are designated employees.

    Editorial Note: A court-ordered justification by the Secretary of 
Labor relating to 29 CFR 220.21(a)(1) appears at 51 FR 32306, Sept. 11, 
1986.