Exxon Mobil has a fleet of nine corporate jets. The planes carry eight to eleven passengers, have ranges of at least 3000 miles, and fly at top speeds of over 500 nautical miles per hour. The com- pany had a policy prohibiting its pilots from fly- ing corporate planes after reaching 60 years of age and requiring such pilots to retire. Federal Aviation Administration rules about the maxi- mum age of pilots for commercial airlines do not apply to pilots of corporate aircraft. However, the age limit for pilots at commercial airlines had previously been set at age 60 but was recently increased to 65 for most types of flights. Exxon Mobil then changed its own policy to match the new standard for pilots at commercial airlines but did not retroactively apply its new policy to pilots already forced to retire under the old pol- icy. A pilot who reached the age of 60 while the old policy was in effect and who was forced to retire sued for age discrimination. What should the court decide? Why? (EEOC v. Exxon Mobil, 2008 U.S. Dist. LEXIS 35828 (N.D. Tex.))