Full opinion text
MEMORANDUM OPINION REGGIE B. WALTON, District Judge. George Emory, Larry Voll, Lorenzo Sein, Robert Bennett, David Hayes, Dennis Higham, Richard Lanier, and Dean May, the plaintiffs in this civil suit, seek redress based on (1) alleged discrimination on the basis of age in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621-634 (2006), by United Airlines (“United”) and the Air Line Pilots Association, International (“ALPA”), First Amended Complaint (“Am. Compl.”) ¶¶ 66-72; (2) alleged fraud and misrepresentation by United and the ALPA, Am. Compl. ¶¶ 80-92; (3) the ALPA’s alleged breach of the duty of fair representation under the Railway Labor Act (the “RLA”), 45 U.S.C. §§ 151-88 (2006), id. ¶¶ 73-75; and (4) United’s alleged wrongful discharge of the plaintiffs based on their age, id. ¶¶ 76-79. The plaintiffs’ claims arise out of their “involuntary termination” by United in December 2007, id. ¶ 11, in accordance with a federal regulation promulgated by the Federal Aviation Administration (“FAA”) that “barred pilots from flying commercial, passenger aircrafts once they reached the age of 60,” id. ¶ 19(a) (citing 14 C.F.R. § 121.383(c) (2007) (“Age 60 Rule”)), even “though [the defendants knew or should have known that each [plaintiff purportedly] met the statutory requisites” of the Fair Treatment of Experienced Pilots Act (“FTEPA” or “Act”), Pub.L. No. 110-135, 121 Stat. 1450 (2007) (codified at 49 U.S.C. § 44729), id. ¶ 11. The FTEPA was enacted on December 13, 2007, and it permits pilots to fly commercial, passenger aircraft until the age of sixty-five. Id. ¶ 22. The plaintiffs therefore claim that they “had the statutory right to continue to fly in their positions [as pilots] without loss of seniority.” Id. ¶ 11. Consequently, the plaintiffs seek declaratory relief, as well as compensatory and punitive damages as redress for their terminations. Id. ¶¶ 68, 72, 75, 79, 92. The plaintiffs also challenge the constitutionality of the FTEPA as “depriving them] ... of Due Process for denial of [c]ontract and [property rights under the Fifth Amendment,” id. ¶ 94, “den[ying them] ... fair treatment under the Equal Protection Clause of the Fifth Amendment,” id. ¶ 95, and constituting a “Bill of Attainder in violation of Article I, Section 9 of the U.S. Constitution ... [because it] imposes severe penal measures — loss of the highest career earnings in a profession — on a very small definable group of plaintiff pilots,” id. ¶ 96. Currently before the Court are the following motions: a motion to dismiss for failure to state a claim upon which relief can be granted filed by defendant ALPA, a motion for summary judgment filed by defendant United, and a cross-motion for partial summary judgment filed by the plaintiffs. Upon carefully considering the plaintiffs’ First Amended Complaint, the parties’ motions, and all memoranda and exhibits submitted with these filings, the Court concludes that it must grant the ALPA’s motion, grant in part and deny in part United’s motion, and deny the plaintiffs’ motion for the reasons that follow. I. Background A. Statutory and Regulatory Framework A brief overview of the statutes and regulations at issue will help elucidate the plaintiffs’ allegations in this case. In 1959 the FAA adopted the Age 60 Rule, which prohibited pilots from flying commercial airliners past their sixtieth birthday. See 14 C.F.R. § 121.383(c). The FTEPA abrogated the Age 60 Rule, providing that the Age 60 Rule “shall cease to be effective” on the FTEPA’s enactment date of December 13, 2007, and permitted pilots to fly commercial airliners until they reached the age of sixty-five. See 49 U.S.C. § 44729(a), (d). However, the FTEPA has only prospective application and contains a “non-retroactivity” provision that significantly limits the ability of pilots who turned sixty before the FTEPA’s passage to return to work as pilots. The nonretroactivity provision states: No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless— (A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or (B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier. 49 U.S.C. § 44729(e)(1). The FTEPA defines “covered operations” as “operations under part 121 of title 14, Code of Federal Regulations” (“Part 121 operations”), § 44729(b), which are the same operations formerly covered by the Age 60 Rule. Thus, pilots who turned sixty before December 13, 2007, the date of the FTEPA’s enactment, may fly commercial airliners only if they were employed as a “required flight deck crew member” in Part 121 operations on December 13, 2007, or if they are newly hired on or after December 13, 2007, and work without credit for any prior experience. The FTEPA also contains a “protection for compliance” provision. This provision states that [a]n action taken in conformance with [the FTEPA] ... or taken prior to the date of enactment of this section in conformance with [the Age 60 Rule], may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality. Id. § 44729(e)(2). B. Factual and Procedural Background United is an airline passenger earner engaged in Part 121 operations, Am. Compl. ¶ 14(a), and the ALPA is a labor organization that represents “all members of the airline piloting profession,” id. ¶ 15(a). At all times relevant to this litigation, the ALPA was the collective bargaining representative for pilots employed by United under a Collective Bargaining Agreement (“CBA”). Id. ¶ 14(a). Also, at all times relevant to this case, each plaintiff was an intended beneficiary or third-party beneficiary of the CBA. Id. The CBA therefore governed “[t]he contractual relationship between each plaintiff pilot as an employee and defendant United as an employer.” Id. ¶ 14(b). Each of the eight plaintiffs was born in December 1947 and was employed by United as either a captain or first officer at the time each of them turned sixty years of age, their birthdays all falling on dates between December 3 and December 11, 2007. Id. ¶¶ 12-13. On their sixtieth birthday, each was removed from active flight status but retained their seniority numbers and remained employed by United until December 31, 2007, when the plaintiffs were all “involuntarily terminated.” Id. ¶ 12. It was the customary practice of United to permit pilots who reached their sixtieth birthdates to remain as United employees “until the last day of the month in which each turned 60.” Id. ¶ 20. None of the plaintiffs, as they approached their sixtieth birthday, sought a transfer to a different position within United. United Air Lines, Inc.’s Statement of Material Facts In Support of Its Motion for Summary Judgment (“United’s SOF”) ¶¶ 12-13. However, in anticipation of the FTEPA’s enactment, each plaintiff did request in December 2007 that they continue as pilots after December 12, 2007. Am. Compl. ¶¶ 50-56. But United and the ALPA interpreted the non-retroactivity limitation provided by exception (A) of the FTEPA to apply solely to flight engineers, and denied the plaintiffs’ requests. Id. ¶¶ 24, 25, 28(a), 49, 50(a). George Emory, Larry Voll, and John Bennett also requested, and Larry Voll actually applied on United’s Skynet Flight Operations website (“Skynet”) for a new hire pilot position with United in late December pursuant to exception (B). Id. ¶¶ 51(f), 53(d); Pis. Mem., Nov. 4, 2009 Sworn Declaration of John Bennett (“Bennett Deck”) at 2. On December 20, 2007, the FAA issued an Information for Operators (“InFO”) entitled “Legal Interpretation Regarding the Age 65 Law,” which noted that a person who was in the employment of an air carrier when he/she attained 60 years of age before December 13, 2007, but who was not conducting part 121 operations for the carrier as a required flight deck crew member may not continue employment with the air carrier[, but t]o continue employment as a pilot under [exception (B) ], that person must be treated by the carrier as a ‘newly hired pilot ... without credit for prior seniority’.... Am. Compl. ¶ 51(g); Pis.’ Mem., Exhibit (“Ex.”) 1 (Dec. 20, 2007 InFO). Furthermore, on March 13, 2008, the FAA published another informational statement advising air carriers that check airmen (also known as second officers) over age sixty and employed as of December 13, 2007, were reasonably considered “required flight deck crew members.” Am. Compl. ¶ 40. The plaintiffs repeatedly communicated with United and the ALPA both before and after the FTEPA’s enactment regarding the FTEPA’s application to them and the continuation of their employment. See id. ¶¶ 51-56; Pis.’ Mem., Bennett Decl. at 2; Pis.’ Mem., Nov. 10, 2009 Statement of Dean May Concerning the Events Leading Up To and Following December 13, 2007 (“May Decl.”). The plaintiffs allege that the ALPA concealed from them “procedures necessary to preserve their rights under the FTEPA.” Id. ¶ 50(b). They also claim that United “dissembled, rebuffed, avoided, ignored, and declined each plaintiffs communication both requesting continued employment with United as a pilot after December 12, 2007[,] and requesting clarification and explanation of the [FTEPA’s] impact upon these December 1947 — born pilots.” Id. ¶ 50(c). After the plaintiffs’ employment was terminated on December 31, 2007, they contend that the ALPA “continued to ... promotef ] its ... interpretation of the exception [to the non-retroactivity provision].” Am. Compl. ¶ 60. Specifically, the plaintiffs allege that the ALPA (1) communicated with “members of Congress to deny the exception to non-retroactivity to this plaintiff class of pilots,” id. ¶ 60(a); (2) “fil[ed] a brief ... as an amicus curiae in litigation between union members and the FAA in the U.S. Court of Appeals for the D.C. Circuit ... to promote its ... interpretation of the FTEPA exception to [the] nonretroaetivity [provision],” id. ¶ 60(b) (citing Adams v. FAA 550 F.3d 1174 (D.C.Cir.2008)); (3) “drafted] and pro-mot[ed] correspondence to the FAA and [requested] ... that Congressman Oberstar send a letter to the FAA asking the FAA to withdraw [its] March 2008 publication,” id. ¶ 60(c); (4) “provided] misleading and false advice to [the] plaintiff[s] ... [regarding whether they] should file a grievance with [the] ALPA ... and ... lulled these plaintiff pilots into not filing grievances or charges of breach of duty to fairly represent against [the] ALPA,” id. ¶ 60(d); (5) “eommunicat[ed] with United, the FAA, and members of Congress, [and] ... advance[d] the ... explanation that the exception to non-retroactivity in the Age 65 Law was limited to flight engineers,” id. ¶ 60(e); (6) “fil[ed] a collective bargaining grievance in [the] ALPA’s name on September 29, 2008[,] against ... Continental Air Lines ... attacking] Continental’s interpretation of the exception (A) to [the] non-retroactivity [provision] in the FTEPA,” id. ¶ 60(f); and (7) “refus[ed] through December 24, 2008[,] to assist any senior pilot member of [the] ALPA employed by a Part 121 carrier on December 13, 2007[,] in challenging ... United’s refusal to afford the benefit of ... exception (A) to [the] non-retroactivity [provision] in the FTEPA to such senior pilot,” id. ¶ 60(g). As a result of the alleged foregoing events, six of the eight plaintiffs filed age discrimination charges against United with the Equal Employment Opportunity Commission (“EEOC”). Am. Compl. ¶ 61. First, on July 1, 2007, prior to the FTE-PA’s enactment and in anticipation of his nearing sixtieth birthday, George Emory filed an EEOC charge against United alleging that the FAA and United have failed to support the new [international] standard [of not requiring pilots to retire until they reach the age of sixty-five] and lift the existing [A]ge 60 [R]ule. As a result, [p]ilots for American carriers have been and will continue to be terminated when they reach 60 years of age. I have also recently been denied a leave of absence request. United Def.’s Mem., Appendix (“App.”) C (Emory’s July 1, 2007 EEOC charge). Emory further stated that he believed that “myself and a class of employees have been discriminated against because of our age, 60, in violation of the [ADEA].” Id. Then, following the enactment of the FTE-PA, George Emory and five other plaintiffs filed charges with the EEOC alleging age discrimination under the ADEA. Am. Compl. ¶ 61; United Def.’s Mem., App. B (EEOC charges of six plaintiffs). Each EEOC charge states the date on which the plaintiffs began working for United, that their most recent position was as a pilot, that they were discharged on January 1, 2008, and that “I believe I have been discriminated against because of my age, 60 ... in violation of the [ADEA].” United Def.’s Mem., App. B (EEOC charges of six plaintiffs). The plaintiffs subsequently received EEOC “right to sue” letters in September and October of 2008. Am. Compl. ¶ 61. George Emory also filed an EEOC charge against the ALPA alleging age discrimination under the ADEA. Id. ¶ 63. The charge noted that it was for a “continuing action” for the ALPA’s refusal to assist union members in repealing the Age 60 Rule, id., and for actively “lobbying against a change in the [A]ge 60 [R]ule,” Pis.’ Supp. ALPA Opp’n, Ex. 1 (Emory January 22, 2007 EEOC Intake Questionnaire). Specifically, the charge states: I. I began my employment with United Airlines on January 22, 1979 as a Pilot. On December 8, 2007, I will be turning sixty years old. I will be subjected to the Age 60 Rule, which bars individuals who have reached their sixtieth birthday from serving as pilots or co-pilots in flight operations governed by commercial flights. The union supports the Age 60 Rule. Lobbyists] have been supported by both union, the Air Line Pilots International and United Airlines ALPA Master Executive Counsel (MEC). II. I believe the union’s support of this rule discriminates in that it eliminates experienced pilots. ALPA Def.’s Mem., Ex. 1 (Emory March 11, 2007 EEOC charge against the ALPA). The EEOC continued to process Emory’s charge against the ALPA until April 9, 2009, when the EEOC issued a right to sue letter. Am. Compl. ¶ 63. Based on these factual allegations, the plaintiffs filed a complaint in this Court on December 24, 2008. The complaint was amended on August 18, 2009, and seeks relief under a variety of legal theories: violation of the ADEA with respect to United (Count 1), id. ¶¶ 66-68, and separately with respect to the ALPA (Count 2), id. ¶¶ 69-72, breach of the duty of fair representation and breach of fiduciary duty with respect to the ALPA (Count 3), id. ¶¶ 73-75, wrongful discharge with respect to United (Count 4), id. ¶¶ 76-79, and fraud and misrepresentation with respect to both defendants (Count 5), id. ¶¶ 80-92. “Alternatively,” the plaintiffs seek a determination that the FTEPA is unconstitutional as “depriving these plaintiff pilots of Due Process for denial of [cjontract and [property rights under the Fifth Amendment,” id. ¶ 94, “den[ying] these plaintiff pilots fair treatment under the Equal Protection Clause of the Fifth Amendment,” id. ¶ 95, and constituting a Bill of Attainder, id. ¶ 96. On September 25, 2009, the ALPA filed a motion to dismiss the Amended Complaint for failure to state a claim upon which relief may be granted with respect to all of the claims against them (Counts 2, 3, and 5). Dkt. 34. United then filed a motion for summary judgment on October 9, 2009. Dkt. 36. Thereafter, on March, 10, 2010, the plaintiffs filed their own motion for partial summary judgment against United with respect to the ADEA claim (Count 1). Dkt. 57. II. Standards of Review A. Motion to Dismiss for Failure to State a Claim under Rule 12(b)(6) A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests whether a complaint has properly stated a claim upon which relief may be granted. Woodruff v. DiMario, 197 F.R.D. 191, 193 (D.D.C.2000). For a complaint to survive a Rule 12(b)(6) motion, Federal Rule of Civil Procedure 8(a) requires that it contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Although Rule 8(a) does not require “detailed factual allegations,” a plaintiff is required to provide “more than an unadorned, the-defendant-unlawfully-harmed-me accusation,” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)), in order to “give the defendant fair notice of what the ... claim is and the grounds upon which it rests,” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (omission in original). In other words, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 547, 127 S.Ct. 1955). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw [a] reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). A complaint alleging facts which are “merely consistent with a defendant’s liability ... stops short of the line between possibility and plausibility of entitlement to relief.” Id. (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955) (internal quotation marks omitted). In evaluating a Rule 12(b)(6) motion under this framework, “[t]he complaint must be liberally construed in favor of the plaintiff, who must be granted the benefit of all inferences that can be derived from the facts alleged,” Schuler v. United States, 617 F.2d 605, 608 (D.C.Cir.1979) (internal quotation marks and citations omitted), and the Court “may consider only the facts alleged in the complaint, any documents either attached to or incorporated in the complaint!,] and matters of which [the Court] may take judicial notice,” EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C.Cir.1997) (footnote omitted). Although the Court must accept the plaintiffs’ factual allegations as true, any conclusory allegations are not entitled to an assumption of truth, and even those allegations pleaded with factual support need only be accepted to the extent that “they plausibly give rise to an entitlement to relief.” Iqbal, 556 U.S. at 679, 129 S.Ct. at 1950. If “the [C]ourt finds that the plaintiff! ] has failed to allege all the material elements of [his] cause of action,” then the Court may dismiss the complaint without prejudice, Taylor v. FDIC, 132 F.3d 753, 761 (D.C.Cir.1997), or with prejudice, provided that the Court “determines that the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency,” Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C.Cir.1996) (internal quotation marks and citations omitted). B. Motion for Summary Judgment or Partial Summary Judgment under Rule 56 The Court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). To determine which facts are “material,” a court must look to the substantive law on which each claim rests. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson, 477 U.S. at 248, 106 S.Ct. 2505. When ruling on a motion for summary judgment, the Court must view the evidence in the light most favorable to the non-moving party. Holcomb v. Powell, 433 F.3d 889, 895 (D.C.Cir.2006) (citing Reeves v. Sanderson Plumbing Prods., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). The Court must therefore draw “all justifiable inferences” in the non-moving party’s favor and accept the nonmoving party’s evidence as true. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. The non-moving party, however, cannot rely on “mere allegations or denials of the adverse party’s pleading,” Burke v. Gould, 286 F.3d 513, 517 (D.C.Cir.2002) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505), and “must do more than simply show that there is some metaphysical doubt as to the material facts,” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citation omitted). Simply put, “conclusory allegations unsupported by factual data will not create a triable issue of fact.” Pub. Citizen Health Research Grp. v. FDA, 185 F.3d 898, 908 (D.C.Cir.1999) (internal quotation marks and citations omitted). To survive a properly supported motion for summary judgment, the non-moving party must show that a genuine factual issue exists by “citing to particular parts of materials in the record ... or ... showing that the materials cited do not establish the absence ... of a genuine dispute .... ” Fed.R.Civ.P. 56(c). Any factual assertions in the moving party’s affidavits will be accepted as being true unless the opposing party submits his own affidavits or other documentary evidence contradicting the assertion. Neal v. Kelly, 963 F.2d 453, 456 (D.C.Cir.1992). In addition, only affidavits “made on personal knowledge ... [and] set[ting] out facts that would be admissible in evidence” will be considered. Fed.R.Civ.P. 56(c)(4). III. Legal Analysis A. Application of the FTEPA As an initial matter, the Court must determine whether the FTEPA retroactively applied to the plaintiffs in this case, and whether the protection accorded by the compliance provision of the FTEPA bars the plaintiffs’ age discrimination claims against United and the ALPA. 1. Exception (A) to the Non-retroactivity Provision of the FTEPA The defendants contend that the FTEPA prevented the plaintiffs from continuing their employment in Part 121 operations with their prior seniority because each of the plaintiffs turned sixty while the Age 60 Rule was still in effect, and therefore were barred from serving as pilots in such operations. ALPA Def.’s Mem. at 10; United Def.’s Mem. at 17-18. While the defendants admit that the plaintiffs were technically employed by United on December 13, 2007, ALPA Def.’s Mem. at 10; United Def.’s Reply at 4, they contend that the FTEPA’s exception (A) to the nonretroactivity provision “requires more than mere employment.” ALPA Def.’s Mem. at 10; United Def.’s Mem. at 18. The defendants read the words “in such operations” in exception (A) as modifying who is a “person” “in the employment of’ an air carrier, ALPA Def.’s Reply at 4-6; United Def.’s Reply at 6, thereby construing the statute to have two requirements for satisfaction of the exception: (1) that the pilot was employed in Part 121 operations on the date of the FTEPA’s enactment, and (2) that the pilot was employed on that date as a “required flight deck crew member.” ALPA Def.’s Reply at 3-6; United Def.’s Reply at 6. The defendants claim that neither requirement has been satisfied by the plaintiffs. ALPA Def.’s Reply at 4; ALPA Def.’s Mem. at 10, 11 & n. 4; ALPA Def.’s Reply at 6; United Def.’s Mem. at 17-18. In response, the plaintiffs argue that the statute only requires that the pilot be employed as a “required flight deck crew member” for a carrier that engages in Part 121 operations because the words “in such operations” in exception (A) modifies the word “carrier” and not the word “person,” Pis.’ ALPA Opp’n at 7-8, and that the term “required flight deck crew member” includes pilots, Pis.’ United Opp’n at 9. For the following reasons, the Court finds that the FTEPA does not apply retroactively to the plaintiffs. It is clear from a plain reading of the statute that both exceptions to non-retro-activity of the FTEPA refer to the status of the “person” seeking the exception to the Age 60 Rule provided in the general provision. See § 44729(e)(1); see also Engine Mfrs. Ass’n v. S. Coast Air Quality Mgmt. Dist., 541 U.S. 246, 252, 124 S.Ct. 1756, 158 L.Ed.2d 529 (2004) (“Statutory construction must begin with the language employed by Congress and the assumption that the ordinary meaning of that language accurately expresses the legislative purpose.” (citation omitted)). Thus, the plain language of exception (A) requires that employees over age sixty seeking to serve as a pilot for Part 121 carriers be employed on December 13, 2007, (1) in Part 121 operations (2) as a “required flight deck crew member.” The defendants contend that because the Age 60 Rule, which was applied to the plaintiffs on their sixtieth birthdays, “barred each of them from serving as a pilot on aircraft in Part 121 operations,” the plaintiffs could not be employed in Part 121 operations on the date of the FTEPA’s enactment. ALPA Def.’s Reply at 4; United Def.’s Mem. at 17. The plaintiffs, on the other hand, allege that because the Age 60 Rule “cease[d] to be effective” on December 13, 2007, the Age 60 Rule did not diminish the plaintiffs’ piloting eligibility in Part 121 operations as of December 13, 2007. Pis.’ ALPA Opp’n at 2-3; see Pis.’ United Opp’n at 15. The Court agrees that the plaintiffs were employed in Part 121 operations on December 13, 2007. Further application of the plain language of the Age 60 Rule renders the conclusion that when the plaintiffs reached the age of sixty, they were no longer permitted to serve as pilots on airplanes engaged in commercial carrier service. See 14 C.F.R. § 121.383(c). They were, however, permitted to serve in other capacities on an airplane providing commercial carrier service. See id.-, see also, e.g., 14 C.F.R. § 121.411(e) (permitting those over age sixty to serve as check airmen in Part 121 operations). Thus, when United removed the plaintiffs from their status as pilots, but did not immediately retire them, they remained employed in Part 121 operations. However, in order for the FTEPA to apply retroactively to the plaintiffs, they also had to be employed as required flight deck crew members on the date of enactment of the FTEPA. See § 44729(e)(1)(A). The Age 60 Rule, which still applied to the plaintiffs on their birth-dates, required that they be removed from their positions as pilots (captains and first officers) as of their sixtieth birthdates, but did not affect the status of check airmen and flight engineers. Therefore, for purposes of the FTEPA, captains and first officers who had reached the age of sixty would not have been employed as a “required flight deck crew member” on the date of the FTEPA’s enactment. The Central District of California addressed this same issue in a factually analogous case. Weiland v. American Airlines, Inc., No. SACV 10-1451 JVS (SSx), 2011 WL 925408 (C.D.Cal. Feb. 18, 2011), involved a check airman for American Airlines whose duties included piloting service. Weiland, 2011 WL 925408, at *1. The plaintiff turned sixty on December 7, 2007, id., and as a result of his piloting duties he was subjected to the Age 60 Rule just days before the FTEPA’s enactment, id. at *1, *4. The plaintiff, however, remained employed by American Airlines until the end of December 2007. Id. at *1. The Court held that the plaintiff was not a required flight deck crew member on December 13, 2007. Id. at *5. The Court agrees with Weiland. The plaintiff pilots in this case were not, and could not have been, employed as pilots after their respective birthdates. See 14 C.F.R. § 121.383(c). They also had not been reassigned to another “required flight deck crew member” position, such as a flight engineer or check airman. See United’s SOF ¶¶ 12-13; Pis.’ Disputed SOF ¶ 4. Thus, the plaintiffs were not employed as “required flight deck crew members” on December 13, 2007, see Weiland, 2011 WL 925408, at *5, and accordingly exception (A) to the non-retroactivity provision of the FTEPA does not apply to the plaintiffs. 2. Exception (B) to the Non-retroactivity Provision of the FTEPA United claims that after the FTE-PA was enacted, the plaintiffs failed to seek reemployment by United as newly hired pilots in order to continue their employment as pilots under the Act’s exception (B) to its non-retroactivity provision. United Def.’s Mem. at 20. The plaintiffs contest the accuracy of United’s representations. See Pis.’ Disputed SOF ¶ 4; Am. Compl. ¶¶ 50(a); 51(f), 53(d); Bennett Decl. at 2. However, whether the plaintiffs sought reemployment as new hire pilots is irrelevant to exception (B)’s applicability. While one of the plaintiffs applied for a new hire position and others informed United of their desire to continue in their positions as pilots, see Am. Compl. ¶¶ 50-56; Bennett Decl. at 2, they were not actually hired by United as phots after the enactment of the FTEPA. Moreover, United was not required under the Act to hire any out-of-service pilot who expressed an interest in continuing as a new hire pilot; the statute only provides an opportunity to apply for such a position. See 49 U.S.C. § 44729(e)(1)(B). Consequently, exception (B) of the FTEPA’s non-retroactivity provision has no applicability to the plaintiffs in this case. 3. The FTEPA’s Compliance Protection Provision In addition to claiming that the FTEPA does not retroactively apply to the plaintiffs, the defendants contend that the plaintiffs’ claims fail because they are immune from liability under the compliance protection provision of the FTEPA. ALPA Def.’s Mem. at 22; United Def.’s Mem. at 16. Specifically, United alleges that its removal of the plaintiffs from pilot service was required under the Age 60 Rule, United Def.’s Mem. at 16, and that the compliance protection provision “plainly absolves a carrier from any liability ... alleged to result from the carrier’s compliance with the Age 60 Rule prior to December 13, 2007,” id.; United Def.’s Opp’n at 16. United further claims that by not applying exception (A) to the non-retroactivity provision to the plaintiffs, it also acted in compliance with the FTEPA. United Def.’s Opp’n at 16. The ALPA therefore contends that it too could not have violated the ADEA by permitting United to comply with the law. ALPA Def.’s Mem. at 14; ALPA Def.’s Reply at 9. The plaintiffs, on the other hand, argue that the defendants actions were not in conformance with the FTEPA, Pis.’ ALPA Opp’n at 14-15; Pis.’ United Opp’n at 17-18; Pis.’ Mem. at 6, and that they are not suing the defendants for actions “taken in conformance with the Age 60 Rule,” Pis.’ ALPA Opp’n at 14; Pis.’ Mem. at 6; Pis.’ Reply at 24. In addition, the plaintiffs contend that the ALPA did not “have any direct duties or actions to be taken in conformance with the FTEPA” because they were not the employer, Pis.’ ALPA Opp’n at 14, and therefore the compliance protection provision of the FTEPA does not apply to the ALPA, id. at 14-15. The plaintiffs’ positions must be rejected for several reasons. First, the compliance protection provision plainly applies to the ALPA as well as United. See Avera v. ALPA (“Avera I ”), 436 FedAppx 969, 978-79, 2011 WL 3476824, at *7 (11th Cir.2011) (per curiam) (holding that compliance protection provision barred all claims against the ALPA predicated on its conformance with the Age 60 Rule and the FTEPA). The statutory text of the provision is not limited to employers, as the plaintiff suggests; it instead states in broad terms, and without qualification as to the parties to which it applies, that “[a]n action taken in conformance with this section ... may not serve as a basis for liability.” 49 U.S.C. § 44729(e)(2) (emphasis added). It would, moreover, be totally irrational to find that United is protected from suit when acting in compliance with the FTEPA, while finding that the ALPA can be sued for permitting United to take such action. Second, although the plaintiffs claim that they are only suing for those actions allegedly taken in conformance with the FTEPA after its enactment, it is clear that this reasoning is based solely on the plaintiffs’ belief that the FTEPA retroactively applies to them. However, because the Court has determined that the FTEPA does not apply retroactively to the plaintiffs, actions taken in conformance with the Age 60 Rule and the FTEPA include United’s application of the Age 60 Rule to the plaintiffs prior to the FTEPA’s enactment, the removal of the plaintiffs from active pilot status, and United’s refusal to apply the FTEPA retroactively to permit the plaintiffs to continue flying with their prior seniority. See Weiland, 2011 WL 925408, at *4-*5 (holding that the airline’s actions — not scheduling the plaintiffs for work as of their sixtieth birthday and changing their status to inactive two days before the FTEPA’s enactment — were in conformance with the Age 60 Rule “in effect on [their] sixtieth birthday, and the enactment of the FTE-PA provided [them] with no additional rights or remedies”). Thus, the plaintiffs’ claims must be dismissed as to any aspect of those claims based on the ALPA’s or United’s compliance with the Age 60 Rule or the FTEPA. B. The Constitutionality of the FTEPA The plaintiffs also raise, in the alternative, a challenge to the constitutionality of the FTEPA. More specifically, the plaintiffs allege violations of due process and equal protection, both under the Fifth Amendment, and that the FTEPA constitutes a bill of attainder. Am. Compl. ¶¶ 93-99. The defendants assert that the FTEPA survives constitutional scrutiny. ALPA Def.’s Mem. at 22. For the reasons that follow, the Court agrees with the defendants. 1. The Fifth Amendment Equal Protection Challenge The plaintiffs first contend that the FTEPA’s non-retroactivity and compliance protection provisions are discriminatory on the basis of age in violation of the Constitution’s equal protection guarantee. Specifically, the plaintiffs allege that the FTE-PA’s non-retroactivity provision “create[s] two age-based classes of pilots: those like the [plaintiffs] who turned 60 years old between December 1 and December 11, 2007[,] and those that reached age 60 on or after December 13, 2007,” and that “[i]t is not possible to find a rational basis for FTEPA denial of relief to and infliction of blatant, arbitrary age discrimination upon, these December pilots” absent any legislative history supporting the disparate treatment. Pis.’ ALPA Opp’n at 37. The defendants, however, contend that “‘[t]he lack of ‘on the record’ reasons for Congressional action ‘has no significance in rational-basis analysis’ ” but rather the focus must be directed to whether “there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” ALPA Def.’s Reply at 19 (emphasis in original). The defendants further allege that (1) the purpose of a mandatory retirement age for pilots is rational in light of the concerns regarding the increased medical risks associated with flying a commercial passenger aircraft as a person ages, ALPA Def.’s Mem. at 27; (2) that the non-retroactive application of the FTEPA is rational because of the potential economic disruption that would result if all retired pilots between the ages of sixty and sixty-four were permitted to return to work with their past seniority, id.; see also id. at 23 (referring to the “unanimous recommendation in the Report of the FAA’s Age 60 Aviation Rulemaking Committee” (“ARC”) that the legislation be prospective (citing ARC Report to the FAA (“ARC Report”) 1 (2006), available at http://www. regulations.gov (search “FAA-2006-26139-5785”)), and (3) that a provision providing protection from liability for compliance with the FTEPA is rational in light of the numerous lawsuits that have been filed against unions and carriers based on the Age 60 Rule, id. at 27; see also id. at 24 (referring to the “unanimous recommendation” of the ARC that the legislation include a provision “to protect companies and unions from lawsuits that may arise challenging the prospective nature of the change” (quoting ARC Report 31)). Equal protection challenges based on age are evaluated under a rational basis test. See Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 83, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000); Gregory v. Ashcroft, 501 U.S. 452, 470, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991). Under this standard the government “may discriminate on the basis of age without offending the [Constitution] if the age classification in question is rationally related to a legitimate state interest.” Kimel, 528 U.S. at 83, 120 S.Ct. 631. Age classifications “must be upheld against equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” Nguyen v. Immigration & Naturalization Serv., 533 U.S. 53, 77, 121 S.Ct. 2053, 150 L.Ed.2d 115 (2001) (emphasis added) (internal quotation marks omitted). Accordingly, “[t]hose attacking the rationality of the legislative classification have the burden to negative every conceivable basis which might support it.” FCC v. Beach Commc’ns, Inc., 508 U.S. 307, 314-15, 113 S.Ct. 2096, 124 L.Ed.2d 211 (1993) (internal quotation marks omitted). And legislative choices are “not subject to courtroom fact-finding and may be based on rational speculation unsupported by evidence or empirical data.” Id. at 315, 113 S.Ct. 2096. Thus, “it is entirely irrelevant for constitutional purposes whether the conceived reason for the challenged distinction actually motivated the legislature.” Id. Another member of this Court upheld the constitutionality of the FTEPA’s nonretroactivity and compliance protection provisions that were challenged on Fifth Amendment Equal Protection Clause grounds. See Jones v. ALFA, 713 F.Supp.2d 29, 36 (D.D.C.2010). In Jones, a former Continental Airlines pilot was forced to retire when he turned sixty several weeks before the FTEPA’s enactment. 713 F.Supp.2d at 33. Applying the rational basis standard of review to the non-retroactivity provision of the FTEPA, Judge Bates determined that Congress could have rationally decided that allowing all retired commercial pilots between the ages of sixty and sixty-four to return to their prior positions with full seniority would disrupt the airline pilots’ labor hierarchy.... Thus, without [the] FTEPA’s non[-]retroaetivity provision, pilots reentering the labor force would force — or ‘bump’ — all other employees down the seniority system. Indeed, this influx of labor could even lead to the termination of some junior pilots. It would have been rational for Congress to conclude that this significant bumping would upset current pilots, causing at least some labor disharmony. Id. at 35. Moreover, Judge Bates found that the compliance protection provision did not offend the Equal Protection Clause because it “is rational for Congress to seek to minimize conflict between [the] FTEPA and other employment laws. And it is rational — and wholly consistent with the Constitution — for Congress to provide that acts taken in compliance with federal law cannot support employment discrimination claims under state law.” Id. at 36 (internal citations omitted); see also Avera I, 436 Fed.Appx. at 975, 2011 WL 3476824, at *4 (applying rational basis review and holding that “[t]he FTEPA complies with the Equal Protection Clause”; reasoning that “the FTEPA’s non-retroactivity provision is rationally related to the government’s objective of avoiding disharmony and discord in the labor market” and “the FTEPA’s protection-for-compliance provision is rational because Congress may legitimately seek to minimize any conflict between the FTEPA and other employment laws”). Unlike the plaintiff in Jones, who had already involuntarily retired at the time of the FTEPA’s enactment, the plaintiffs in this case were still employed by United on December 13, 2007. However, just as Judge Bates in Jones found no equal protection infringement resulting from the failure to apply the FTEPA retroactively to involuntarily retired pilots, 713 F.Supp.2d at 35, for similar reasons, this Court finds that the same reasoning applies to pilots who remained employed by an airline carrier, but had been placed on inactive pilot status due to their age. Specifically, the Court can find no justification why the same “rational legislative purpose” for not retroactively applying the statute — namely, limiting the number of over age sixty pilots that could retain their seniority in order to ensure harmony within the labor force — should not also apply to the plaintiffs in this case who, while not fully retired, had been removed from active pilot status and presumably had their flight duties assigned to other pilots. The fact that there is no legislative history that elucidates Congress’s rationale for enacting these provisions does not mean that there was no reason for their enactment. See Nordlinger v. Hahn, 505 U.S. 1, 15, 112 S.Ct. 2326, 120 L.Ed.2d 1 (1992) (“[T]he Equal Protection Clause does not demand for purposes of rational-basis review that a legislature or governing decisionmaker actually articulate at any time the purpose or rationale supporting its classification.”). In fact, legislative decisions may be based on “rational speculation unsupported by evidence or empirical data.” Beach Commc’ns, Inc., 508 U.S. at 315, 113 S.Ct. 2096. And, it is the plaintiffs’ “burden ‘to [negate] every conceivable basis that might support’ ” the purpose for the legislation. Id. at 314-15, 113 S.Ct. 2096. Here, the plaintiffs have failed to meet this burden. A line had to be drawn somewhere as to who would be permitted to continue their employment with seniority following the change brought about by the enactment of the FTEPA. Likewise, there is also no reason why the legislative purpose for adopting the compliance protection provision identified in Jones should not apply in this case — assurance that acts taken in compliance with the FTEPA “cannot support employment discrimination” suits and the creation of “defenses or immunities” when such suits are pursued. Jones, 713 F.Supp.2d at 36-37. Accordingly, the Court finds that both the nonretroactivity and compliance protection provisions of the FTEPA survive rational basis review. 2. The Fifth Amendment Dite Process Challenge The plaintiffs next contend that the FTEPA does not afford them procedural due process because it constitutes a property taking of their seniority rights and salary without judicial review. Pis.’ ALPA Opp’n at 15, 33 n. 18. The defendants, on the other hand, argue that the FTEPA complies with the Due Process Clause of the Fifth Amendment because the statute is not “arbitrary and irrational” in light of the ARC Report’s recommendations that the legislation be prospective and contain a provision limiting the liability of carriers and unions. ALPA Def.’s Mem. at 23-24. The defendants also allege that the plaintiffs do not have any constitutionally protected interest, specifically liberty or property interests, that would “trigger[] the hearing requirements mandated for procedural due process” because based on the Age 60 Rule, which had been in effect for almost fifty years, the plaintiffs could only have expected to work until their sixtieth birthdays. Id. The defendants therefore argue that the plaintiffs “had no legitimate claim to continued work as pilots at any Part 121 air carrier, and certainly no claim to work as pilots at United Airlines ... [with] the seniority they previously possessed.” Id. at 25-26. As with the equal protection challenge, this Court in Jones also upheld the constitutionality of the FTEPA’s non-retroactivity and compliance protection provisions under the Fifth Amendment’s Due Process Clause. See Jones, 713 F.Supp.2d at 36-37. In Jones, Judge Bates held that “[e]ven assuming that [the] FTEPA’s non[-]retroactivity provision takes away from [the plaintiffl a protected property interest in contractual seniority rights, ‘[i]t is well established that statutes or ordinances of general applicability may condition or even prohibit the right to conduct a business without running afoul of procedural due process.’ ” Id. at 36 (quoting Vaden v. Maywood, 809 F.2d 361, 364 (7th Cir.1987)); accord Minn. State Bd. for Cmty. Colls, v. Knight, 465 U.S. 271, 284, 104 S.Ct. 1058, 79 L.Ed.2d 299 (1984) (“General statutes within the state power are passed that affect the person or property of individuals, sometimes to the point of ruin, without giving them a chance to be heard. Their rights are protected in the only way that they can be in a complex society, by their power, immediate or remote, over those who make the rule.” (internal quotation marks omitted)). The Court finds no reason to depart from Jones. The plaintiffs here, like the plaintiff in Jones, were denied retroactive application of the FTEPA, which limited them to applying for new hire positions with the loss of seniority rights and pay. See Jones, 713 F.Supp.2d at 36-37. As Judge Bates found in Jones, “the non[-]retroaetivity provision’s passage by Congress affords [the plaintiffs] all the process” required by the Constitution. Id. at 37. Judge Bates therefore held in Jones that the compliance protection provision did not offend procedural due process because, [although individuals do have a protected property interest in legal causes of action, such as those for age discrimination, the State remains free to create substantive defenses or immunities for use in adjudication — or to eliminate its statutorily created causes of action altogether .... In each case, the legislative determination provides all the process that is due. Id. (internal quotation marks and citations omitted). The Eleventh Circuit reached a similar conclusion in Avera. See Avera I, 436 Fed.Appx. at 976-77, 2011 WL 3476824, at *5 (“Avera’s procedural due process challenge ... fails. Even assuming that the FTEPA revoked Avera’s property interest in his seniority at United Airlines (which interest Avera no longer had because he was terminated in accord with the Age 60 Rule and no longer had any expectation of future employment as a commercial pilot), Congress acted rationally and within its power by enacting the FTEPA and therefore Avera’s rights were protected only by his power, immediate or remote, over those who make the rule.” (internal quotation marks and citation omitted)). Viewing the foregoing authority as persuasive, the Court finds that the FTEPA’s compliance protection provision does not violate the plaintiffs’ procedural due process rights. 3. The Bill of Attainder Challenge Bills of attainder are “legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial.” United States v. Lovett, 328 U.S. 303, 315-16, 66 S.Ct. 1073, 90 L.Ed. 1252 (1946). Thus, a law is prohibited under the bill of attainder clause “if it (1) applies with specificity, and (2) imposes punishment.” BellSouth Corp. v. F.C.C., 162 F.3d 678, 683 (D.C.Cir.1998). The plaintiffs’ final constitutional challenge is that denying application of exception (A) to the non-retroactivity provision of the FTEPA to them amounts to a bill of attainder because the FTEPA targets “a very small definable group of plaintiff pilots who turned 60 between December 1 and December 12, 2007,” Am. Compl. ¶ 96, and forced their retirement or continued employment with loss of seniority and reduced pay, which is a “historic form of Bill of Attainder punishment,” Pis.’ ALPA Opp’n at 32, 34. More specifically, the plaintiffs claim that the FTEPA constitutes a barrier to employment in the passenger airline pilot profession, id. at 34, and that “economic punishment was the purpose of the statute” because “[t]here is no legislative history ... justifying the harm imposed” on them, id. at 34-36. The defendants argue, on the other hand, that the FTEPA does not apply to the plaintiffs with “specificity,” ALPA Def.’s Mem. at 28, that “[t]he [p]laintiffs confuse the ‘specificity’ prong of [the bill of attainder] test ... with the number of plaintiffs joining in a challenge to [a statute],” ALPA Def.’s Reply at 17, and that “[t]he challenged provisions of [the] FTEPA do not inflict ‘punishment’ on anyone, including the [p]laintiffs,” ALPA Def.’s Mem. at 27, but rather expand the employment options of those pilots over age sixty, ALPA Def.’s Reply at 18, 20. For several reasons, the plaintiffs’ bill of attainder challenge fails. First, the FTEPA does not apply to the plaintiffs with specificity. See Weiland, 2011 WL 925408, at *7 (“The FTEPA did not single out an ascertainable person or group of persons for adverse treatment.”); cf. Foretich v. United States, 351 F.3d 1198, 1217 (D.C.Cir.2003) (holding that the Elizabeth Morgan Act satisfied the specificity requirement because “[ajlthough Congress stopped short of including the names “Foretich” and “Morgan” in the text of the statute, the applicability of the Act depends on such a narrow set of circumstances that it applies to no known cases other than the Morgan-Foretich custody dispute”). Second, even assuming that the FTEPA “applies with specificity,” it does not impose any punishment. To determine whether a statute imposes punishment, the Court must examine “(1) whether the challenged statute falls within the historical meaning of legislative punishment; (2) whether the statute, viewed in terms of the type and severity of burdens imposed, reasonably can be said to further nonpunitive legislative purposes; and (3) whether the legislative record evinces a congressional intent to punish.” Foretich, 351 F.3d at 1218 (internal quotation marks omitted) (quoting Selective Serv. Sys. v. Minn. Pub. Interest Research Group, 468 U.S. 841, 852, 104 S.Ct. 3348, 82 L.Ed.2d 632 (1984)). “The [Supreme] Court has applied each of these criteria as an independent — though not necessarily decisive — indicator of punitiveness.” Id. Judge Bates in Jones also addressed this precise issue, and held that neither the non-retroactivity provision nor the compliance protection provision “inflict the sort of burdens historically associated with punishment.” Jones, 713 F.Supp.2d at 38 (internal quotations omitted). As he stated: Although legislative bars to participation by individuals or groups in specific employments or professions may constitute punishment, [the] FTEPA’s non[-]retro-activity provision does not bar [the plaintiffs] from working as a commercial airline pilot. Rather, it simply regulates the circumstances under which [the plaintiffs] may engage in such work. And while a denial of access to the courts, or prohibiting a party from bringing an action, has been defined as punishment, [the] FTEPA’s protection for compliance provision does not, by merely narrowing the scope of statutory causes of action, deny [the plaintiffs] access to the courts. Both provisions may harm [the plaintiffs’] interests, but [florbidden legislative punishment is not involved merely because the [FTEPA] imposes burdensome consequences. Id. (internal quotation marks and citations omitted); see also Avera I, 436 Fed.Appx. at 977-78, 2011 WL 3476824, at *6 (utilizing similar reasoning and concluding that “the FTEPA is not a bill of attainder”). The reasoning from Jones applies with equal force in this case. Furthermore, several courts have held that, rather than punish, the FTEPA conferred a benefit on pilots who had already reached or were approaching age sixty. See Avera v. United Air Lines (“Avera II”), 686 F.Supp.2d 1262, 1276 (N.D.Fla.2010) (“The intent of the statute ... is to ... increase the upper permissible age for pilots. The FTEPA is a benefit and not a punishment.” (emphasis in original)); id. (“The non-retroactivity clause of the FTE-PA also works to the benefit of those pilots who had already reached the age of 60 prior to enactment, by enabling them to resume flying until age 65.”); Weiland, 2011 WL 925408, at *7 (“[The FTEPA] conferred additional rights on a particular group of individuals — pilots who would reach age 60 after its enactment — in the form of eligibility for continued employment as pilots.”). Although the plaintiffs were not among those that benefited from the FTEPA’s enactment through continued employment with seniority because they turned sixty prior to the statute’s enactment, “the failure to fall into a group of persons who benefit economically from an enactment is not ‘within the historical meaning of legislative punishment.’ ” Weiland, 2011 WL 925408, at *7 (quoting Selective Serv. Sys., 468 U.S. at 852, 104 S.Ct. 3348); see also Avera II, 686 F.Supp.2d at 1276 (stating that the FTE-PA provided that those pilots who reached age sixty prior to its enactment could resume flying until age sixty-five, but that they “could not bump the seniority status of those pilots currently flying ... [and] that policy decision is not a punishment”). Moreover, as the Court previously discussed, each of the challenged provisions further non-punitive and rational legislative purposes, and there is no indication that it was Congress’s intent to punish commercial pilots who were between the ages of sixty and sixty-four at the time of the FTEPA’s passage. See Jones, 713 F.Supp.2d at 38 (noting that the FTEPA’s legislative record does not evidence a congressional intent to punish); Avera II, 686 F.Supp.2d at 1276 (“The intent of the statute ... is to protect the public and to increase the upper permissible age for pilots.”); Weiland, 2011 WL 925408, at *7 (explaining that the title of the Act itself indicates a clear congressional intent to “remedy what it believed was unfair treatment of experienced pilots,” which is a non-punitive purpose). Thus, the FTEPA “does not inflict punishment on [the plaintiffs] nor does it determine guilt.” Avera II, 686 F.Supp.2d at 1276. Accordingly, the FTEPA does not constitute an unlawful bill of attainder. C. The Plaintiffs’ ADEA Claim The ALPA argues that the ADEA claim asserted against it (Count 2 of the complaint) must be dismissed because the plaintiffs “failed to exhaust the statutorily-prescribed administrative remedies,” ALPA Def.’s Mem. at 12-13, and have failed to state a valid claim for age discrimination under the ADEA, id. at 13-14. The plaintiffs, however, contend that plaintiff George Emory’s “EEOC charge of [the] ALPA’s pattern of age discrimination ... properly exhausted administrative remedies for all similarly situated plaintiff pilots,” Pis.’ ALPA Opp’n at 9; see also id. at 9-13, and that they have adequately pleaded age discrimination under the ADEA, see id. at 3-4 (arguing that the bona fide occupational qualification defense ceased to exist when the Age 60 Rule was extinguished); id. at 9. In support of its separate motion for summary judgment, United asserts that the ADEA claim against it (Count 1 of the complaint) fails because plaintiffs Hayes and Lanier failed to exhaust their administrative remedies under the ADEA, United Def.’s Mem. at 10-12, and the age discrimination claim against United is “without merit under a half-century of age-60 ease law,” id. at 12-16, the FTEPA’s compliance protection provision, id. at 16, United Def.’s Opp’n at 15-16, and also the FTE-PA’s non-retroactivity provision, United Def.’s Mem. at 16-21; United Def.’s Opp’n at 4-15. In their cross-motion for partial summary judgment against United, however, the plaintiffs not only request judgment in their favor against United on their ADEA claim, but also request a finding that United’s conduct was a “willful ADEA violation ]” that amounted to a “reckless and intentional disregard of the law,” which entitles the plaintiffs to recover “ ‘liquidated’ or double damages.” Pis.’ Mem. at 3 (internal quotations omitted). More specifically, the plaintiffs argue that United’s disregard of the plain meaning rule of statutory construction and “[f]ailure to [a]pply ... [exception (A) to [the n]on-[r]etroactivity [provision] of the FTEPA” to the plaintiffs, id. at 7-17, constituted a reckless disregard of the law, id. at 18-35, 38-40, that this Court’s decision in Carswell v. ALPA, 540 F.Supp.2d 107 (D.D.C.2008), supports the plaintiffs’ allegation that an “employer’s disparate treatment of these still-employed and still-qualified December pilots was illegal age discrimination reflecting reckless disregard for the law,” id. at 35-38, and that plaintiffs Hayes and Lanier satisfied the administrative exhaustion requirements through the submissions made by other similarly-situated plaintiffs who filed timely EEOC charges, id. at 40-44; Pis.’ United Opp’n at 27-33. United counters all of these arguments, repeating its prior arguments and additionally alleging that the plaintiffs have misconstrued the “single-filer rule,” United Def.’s Reply at 10-12, and that the plaintiffs have failed to demonstrate that United’s interpretation of the FTEPA amounted to intentional age discrimination, United Def.’s Opp’n at 16-26. 1. Exhaustion of Administrative Remedies Before bringing suit in federal court, ADEA plaintiffs must exhaust their administrative remedies by filing an EEOC charge and giving the EEOC the opportunity to act on it. 29 U.S.C. § 626(d)(1) (2006) (“No civil action may be commenced by an individual under [§ 626] until 60 days after a charge alleging unlawful discrimination has been filed with the [EEOC].”); Washington v. Washington Metro. Area Transit Auth., 160 F.3d 750, 752 (D.C.Cir.1998). The ALPA contends that all of the plaintiffs have failed to exhaust their administrative remedies with respect to the ALPA, ALPA Def.’s Mem. at 12-13, while United alleges that plaintiffs Lanier and Hayes have not satisfied this administrative filing requirement as to United, United Def.’s Mem. at 10-12. The Court will address each defendant’s arguments in turn. a. The plaintiffs’ ADEA claim against the ALPA The ALPA argues that none of the plaintiffs have exhausted their administrative remedies against it because “[n]one of the [p]laintiffs has filed the required charges against [the] ALPA related to the application of [the] FTEPA.” ALPA Def.’s Mem. at 12. Specifically, the ALPA contends that because plaintiff Emory’s March 17, 2007, administrative charge against it “objects only to [the] ALPA’s prior support for the Age 60 Rule — specifically in the form of lobbying ... [and] makes no mention of [the] FTE-PA ... [,] that charge cannot fulfill the exhaustion requirement” as to plaintiff Emory. Id. In addition, the ALPA asserts that because Emory’s EEOC charge against it does not satisfy the administrative filing requirements of the ADEA, the seven remaining plaintiffs who did not file charges against the ALPA also failed to exhaust their administrative remedies because they cannot “piggyback” on Emory’s charge. Id. at 13. For the reasons that follow, the Court agrees with the ALPA. “A vague or circumscribed EEOC charge will not satisfy the exhaustion requirement for claims it does not fairly embrace.” Marshall v. Federal Exp. Corp., 130 F.3d 1095, 1098 (D.C.Cir.1997). Thus, an ADEA lawsuit is limited in scope to claims that are “like or reasonably related to the allegations [in] the [EEOC] charge.” Cheek v. Western and Southern Life Ins. Co., 31 F.3d 497, 500 (7th Cir.1994) (internal quotation marks omitted). “[T]he criti