The Federal Aviation Administration faced a class action lawsuit last year alleging it denied jobs to 1,000 aspiring air traffic controllers due to diversity hiring targets, an issue that has resurfaced as reports reveal staffing levels were “not normal” during this week’s deadly midair collision.
Criticism of the FAA’s hiring policies reignited after an American Airlines passenger plane and a Black Hawk helicopter collided over Washington, D.C., on Wednesday, killing 67 people in the deadliest U.S. aviation disaster in nearly 25 years.
The lawsuit, led by plaintiff Andrew Brigida, claims the FAA abandoned a skill-based hiring system under the Obama administration in favor of a “biographical assessment” designed to increase minority applicants. Brigida, who is white, alleges he was rejected solely based on his race despite scoring 100% on his training exam after graduating from Arizona State University’s collegiate training initiative in 2013.
A preliminary FAA report confirmed that at the time of Wednesday’s crash, the air traffic controller on duty was performing the work of two people. The report found that staffing levels in the Ronald Reagan Washington National Airport control tower were “not normal for the time of day and volume of traffic.” The lone controller was simultaneously managing helicopters and overseeing arriving and departing planes—responsibilities typically divided between two controllers.
The airport’s air traffic control tower has struggled with staffing shortages for years, with only 19 fully certified controllers as of September 2023, according to Congress’ Air Traffic Controller Workforce Plan.














