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The Federal Aviation Administration (FAA) has issued a new order that all US airlines ensure their pilot hiring is conducted on an exclusively merit-based basis. The directive follows an effort by the US Department of Transportation (DOT) to scale back recruitment driven by Diversity, Equity, and Inclusion (DEI) goals, which it argues have compromised the country’s gold standard of aviation safety.
Although the DOT and FAA have already ordered DEI policies to be dismantled, many airlines have persisted with hiring practices based on race, gender or other diversity-driven metrics. The new directive means that airlines will now face the prospect of a federal investigation and possible FAA enforcement action for non-compliance.
US Airlines Must Prove Pilots Are Hired On Merit
In an announcement on Friday, US Transportation Secretary Sean Duffy revealed the FAA’s OpSec A134 will make it a legal requirement for airlines to “formally commit to merit-based hiring for pilots.” As for what exactly determines merit, the FAA emphasized technical knowledge, cognitive skills, qualifications and piloting experience, with FAA Administrator Bryan Bedford stating that “someone’s race, sex, or creed, has nothing to do with their ability to fly and land aircraft safely.”
According to the FAA, instances of airlines persisting with race or sex-based hiring remain, so they will now be required to certify that these practices have ended or face an investigation. Airlines for America (A4A), which represents the majority of carriers in the US, has stated its approval of the directive, stating that its members will “comply with all federal regulations and laws.” Secretary Duffy commented,
“When families board their aircraft, they should fly with confidence knowing the pilot behind the controls is the best of the best. The American people don’t care what their pilot looks like or their gender—they just care that they are most qualified man or woman for the job.”
Non-Compliance Risks
While falling short of outlining specific penalties for non-compliance, the FAA’s statement makes it clear that airlines will face a “federal investigation” if they persist with any DEI-related hiring policies. The risk of potentially costly lawsuits will be a strong incentive to push airlines into compliance, but there is still plenty of legal uncertainty.
The agency’s OpSec, titled Merit-Based Pilot Hiring, for Certificate Holders Conducting Operations, falls under 14 CFR Part 121 regulations. This means any compliance failures would be considered a regulatory violation, giving the FAA various powers to enforce penalties.
This could include financial penalties, with the FAA able to impose fines of up to $75,000 per violation, as well as new-hire or aircraft delivery freezes. In a more extreme scenario, there is even the authority to revoke a carrier’s operating certificate.
United & American CEOs Go Quiet On DEI After Trump Inauguration
Both American Airlines and United Airlines did not directly answer whether they would change their DEI policies in the wake of the new administration.
Is DEI Still Around In Aviation?
In January 2025, one of the first actions of President Trump’s new administration was to dismantle DEI from all government institutions, arguing that it was a divisive and discriminatory ideology that compromised the core principles of meritocracy and safety. To that end, Trump issued Executive Order (E.O.) 14173, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, along with a Presidential Action titled Keeping Americans Safe in Aviation.
While the FAA has decommissioned its own DEI office and any related contracts, many airlines continue to uphold diversity-related hiring policies. For example, United Airlines has stuck by its policy of favoring academy candidates based on race and gender, with CEO Scott Kirby recently reaffirming the airline’s goal for 50% of its United Aviate Academy graduates “to be women and people of color.”
However, United claims its efforts are only about removing barriers to entry for candidates from underrepresented backgrounds, rather than actively discriminating during the hiring process. Other airlines have been more cautious about adapting their diversity policies, although the industry as a whole has significantly toned down its messaging in the past 12 months.
