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49 U.S.C. § 41705 — Discrimination against individuals with disabilities

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 365 words · no verdicts yet

in plain englishAI-generated · not legal advice

Air carriers may not discriminate against otherwise qualified people because of certain disabilities. The Secretary must investigate complaints, report findings, publish data, review complaints, and provide technical assistance.

(a) When providing air transportation, an air carrier, including a foreign air carrier subject to section 40105(b), may not discriminate against an otherwise qualified individual because the individual: (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.

(b) For section 46301, each separate discriminatory act prohibited by subsection (a) is a separate violation.

(c)(1) Within 120 days after receiving a complaint about a violation of this section or its regulations, the Secretary must investigate it. The Secretary must give the complainant and the accused air carrier or foreign air carrier a written determination stating: (i) whether a violation occurred; (ii) the facts underlying the complaint; and (iii) any action the Secretary is taking. (2) The Secretary must publish disability-related complaint data in a way comparable to other consumer complaint data. (3) The Secretary must regularly review all disability-discrimination complaints received by air carriers and report the review’s results to Congress every year. (4) Within 180 days after this subsection was enacted, the Secretary must, after consulting the Department of Justice, the Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, implement a plan to give carriers and people with disabilities technical help in understanding their rights and duties, and must ensure appropriate manuals are available to people and entities with rights or duties under this section.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, may not discriminate against an otherwise qualified individual on the following grounds:

(1)

the individual has a physical or mental impairment that substantially limits one or more major life activities.

(2)

the individual has a record of such an impairment.

(3)

the individual is regarded as having such an impairment.

(b)Each Act Constitutes Separate Offense.—

For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsection (a).

(c)Investigation of Complaints.—
(1)In general.—

The Secretary shall—

(A)

not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and

(B)

provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—

(i)

whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section;

(ii)

the facts underlying the complaint; and

(iii)

any action the Secretary is taking in response to the complaint.

(2)Publication of data.—

The Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data.

(3)Review and report.—

The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the results of such review.

(4)Technical assistance.—

Not later than 180 days after the date of the enactment of this subsection, the Secretary shall—

(A)

implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and

(B)

ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 707(a), Apr. 5, 2000, 114 Stat. 158; Pub. L. 108–176, title V, § 503(d)(1), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 118–63, title V, §§ 549, 550(c), May 16, 2024, 138 Stat. 1212.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1141
  • 2000Amended · Pub. L. 106-181 · 114 Stat. 158
  • 2003Amended · Pub. L. 108-176 · 117 Stat. 2559
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1212

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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