The FSS folks got screwed, no question, and the SPP wasn't strongly pushed by AHR or ATO. And yes any study can be challenged, and you wind up with dueling expert witnesses. FAA has the data; the opposing expert has to attack the methodology, the interpretation, and the credibility of the FAA expert(s). You've got 45 days to file your EEO - don't miss any deadlines. I've personally seen several complaints tossed by the EEOC because of missed deadlines; they are very serious about those deadlines. Good luck. Oh, don't hire APT Metrics (they do expert witnessing for hire) - find someone else from the Society for Industrial & Organizational Psychology (Welcome to SIOP)
I am in FlightbService. We have been getting passed over for these jobs since 2005... even when we had priority.
I asked the FAA if anyone over 40 passed the BQ. No answer yet.
EEO will be asking also.
If none did, i would expect a judge would want to know why.
The FAA may want to keep the details secret. Maybe not.
However, if they offer a "technical" validation, it could stil be challenged.
The FAA has published studies in the past that in using a biographical assessment, age was the number one factor in determining success in ATC. That is a biggie. Also, the studies were done with employees that had a mean age of 24.7, etc.
Just because the FAA says they did a study, so its all good, does not make it so.
I will ask how the BQ was credited and weighed. They will not want to divulge that information. They may offer some technical report on how it was valid, but I'd challenge that too.