Air Carrier Access Act and Airline Discrimination

Some disabled individuals will eventually travel on airlines. These individuals are protected by law in that the air carriers or airlines are required by law to provide them with adequate seating, caring, and arrangements in order for them to be able to fly.

Provided Facilities

All air carriers or airlines are required by law to have adequate seating and facilities for all disabled individuals who will travel using their services. In some instances, this falls solely into seating and disabled access into a lavatory, along with employees who are able to assist disabled individuals with any need they might have. In addition, airlines or air carries are to provide:

• The same accessibility that airports provide disabled individuals
• Assistance with boarding and departing
• Assistance making connections
• Storage locations for wheelchairs
• Fair pricing, regardless of disability
• 100 passengers or more aircrafts with a place in the main cabin for the passenger’s wheelchair
• 30 passengers or more aircrafts should have removable/movable armrests in order to accommodate disabled individuals

If accessibility is not met, the disabled person may file a grievance. However, it is federally mandated that all airlines, air carriers, and airports provide the above facilities and actions regardless of circumstances. If any disabled individual or family of the individual believes that an airline or air carrier has not followed federal law, a grievance may be filed in order to seek damages against the party responsible.

Preventing Airline Discrimination

In some instances, disabled individuals may have to deal with airline discrimination due to the airline not having properly followed federal mandates concerning all disabled passengers. However, regardless of whether this does or does not happen, an airline or air carrier may not:

• Limit disabled individuals on a flight
• Refuse a seat to any individual based on their handicap unless safety regulations state otherwise
• Abuse the disabled person’s right to privacy
• Refuse transportation based on the nature of a disability

  If at any time the disabled individual is refused passage, the airline is required by law to provide the individual with a written reason as to why this is occurring and to make the appropriate steps in order to ensure the individual is able to catch a flight to his or her destination. All laws have been created based on studies which have been conducted in order to provide adequate facilities and steps for all disabled individuals to assure them of comfortable air travel.

  If you are disabled and are unsure of your rights, it is best to contact an attorney to have your rights explained to you. In addition, the airline or air carrier should provide a list of all measures which have been taken for your comfort and ease of traveling when asked. Assistance should also be provided when asked, especially if you need assistance with luggage or your wheelchair when getting on or off of the plane.

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