Civil Rights

Statutes and Regulati
Air Carrier Access Act

49 U.S.C. § 41705

• The ACAA prohibits air carriers and fo

air carriers from discriminating againqualified individual based on his or hedisability in providing air transportati

• When enacted in 1986, the ACAA cov

only U.S. air carriers 
Air Carrier Access Act

49 U.S.C. § 41705

• The Wendell H. Ford Aviation Investm

and Reform Act for the 21st Century amended the ACAA in April 2000 speto include foreign air carriers 

• 14 CFR Part 382 - ACAA implementin

regulation amended in May 2008 to aforeign air carriers effective May 200
14 CFR Part 382 - Definition

An Individual with a Disability:• Has a permanent or temporary physical or 

impairment that substantially limits one or major life activities (walking, seeing, hearspeaking, breathing, learning)

• Has a record of such an impairment • Is regarded as having such an impairment
Part 382 Overview

CARRIER RESPONSIBILITIES• Information – Subpart C• Accessibility – Subparts D & E• Assistance – Subparts G, H, & I• Training – Subpart J• Complaint Resolution and Reporting 

Subpart K
Part 382 Overview (co

Airlines must provide INFORMATIOpassengers:• Accessibility of the aircraft and services ava

on a particular flight

• Telephone reservation and information serv

available to the public must be accessible to individuals with hearing impairments

• Availability of Part 382 to members of the p

request
Part 382 Overview (co

Airlines must ensure ACCESSIBILI

• Aircraft • Airport facilities under the airli

control
Part 382 Overview (co

Airlines must provide ASSISTANCE

• Within the airport terminal• Enplaning, deplaning, and connecti• On the aircraft
Part 382 Overview (co

Airlines must provide appropriate Training to their employees and ensure the same for their contractors.• Airlines must ad

required proceduComplaints Resoand Reporting. 
Passenger Information – Subp

Section 382.41 - Airlines must provide the information on request to individuals inquirabout the aircraft’s accessibility on a particflight:• Location of seats with movable armrests• Location of specific seats not available to passen

disabilities

• Availability of level-entry boarding at each airpo

with the flight– even when not explicitly requestpassenger stating that he/she uses a wheelchair
Passenger Information – Subp

Section 382.41 – Information to be providerequest to individuals inquiring about the aaccessibility on a particular flight (cont.):

• Availability of storage facilities for mobility aids a

assistive devices

• Availability of accessible lavatory• Types of services for passengers with disabilities 

and are not available on the flight.
Passenger Information – Subp

Section 382.45: • Carriers must keep a current copy of Part 382 at eac

they serve and make it available for review upon req

• Carriers that have a Web site must disclose on the s

passenger may obtain an accessible copy of Part 38

DOT.

Section 382.31 (in Subpart B):• Carriers that make certain discounts or special offer

only on their Web sites must offer the same terms tpassengers with disabilities who cannot use the Web to their disability when they seek to book a flight by means.
Aircraft Accessibility – Subp

Aircraft – Cabin Accessibility

Applies to new aircraft ordered after April 5, 19delivered after April 5, 1992, for U.S. carriers, aforeign carriers new aircraft ordered after May 1or delivered after May 13, 2010:

• § 382.61 – Movable armrests on at least 1⁄2 

seats in each class of service on new aircraft 

or more seats

• § 382.63 – At least one accessible lavator

new twin-aisle aircraft
Aircraft Accessibility – Subp

Aircraft – Cabin Accessibility – (cont.)

• § 382.65 – All new aircraft with 61+ seats eq

an on-board wheelchair

• § 382.67 – Priority stowage space for on

wheelchair on new aircraft with 100 or mor

• § 382.69 – High-contrast captioning on a

DVDs, and other audio-visual displays played safety purposes and on all those played for informational purposes created under the ccontrol
Airport Accessibility – Subpa

Airport Accessibility§ 382.51 - Carriers must ensure the following airport facilities they own, lease, or control:• Terminal facilities are readily accessible and usa

individuals with disabilities – meet DOJ ADA titlrequirements

• An accessible route meeting ADAAG provisions 

provided from the gate to the aircraft boarding when there is level-entry boarding and deplaninavailable.
Airport Accessibility – Subpa

Airport Accessibility – § 382.51 – (cont• Intra- and inter-terminal transportation is a

– meeting DOT ADA requirements.

• Airline contracts or leases with airport oper

must set forth their respective responsibilitairport accessibility under applicable disabilregulations.

• Service animal relief areas
Airport Accessibility – Subpa

Airport Accessibility – § 382.51 – (cont• Captioning enabled on all TVs and other 

visual displays at all times

• All new and replacement TVs and other 

visual displays must be equipped with hcontrast captioning capability
Airport Accessibility – Subp

Airport Accessibility – § 382.51 – (cont

• At foreign airports, U.S. carriers must e

that terminal facilities they own, lease, ocontrol can be readily used by passengedisabilities

• This provision applies to foreign carriers 

with respect to terminal facilities they owlease, or control that serve flights to and 

the U.S.
Airport Accessibility – Subp

Airport Accessibility

§ 382.53 – U.S and foreign air carriers must ensuprompt access to information is provided at airporpersons with vision or hearing impairments who sidentify as needing assistance:• U.S. air carriers must provide access to the same in

they provide to other passengers at gates, ticketing 

customer service desks at U.S. and foreign airports

• Foreign air carriers must meet the same requiremen

airports, but at foreign airports provide information at gates, ticketing areas, and customer service deskflights to and from the U.S. 
Airport Accessibility – Subp

Airport Accessibility – § 382.53 (cont.)

• At U.S. airports where the airport has effective cont

gates, ticketing areas, and customer service desks, and airports have joint responsibility to ensure inforprovided

• Information carriers must provide includes, but is no

to: flight safety, ticketing, check-in, delays or canceschedule changes, boarding, connections, gate assig

baggage check, volunteer solicitation on oversold fliaircraft changes, emergencies.

• Baggage claim information – no later than when oth

passengers receive the information
Airport Accessibility – Subp

Airport Accessibility

§ 382.57 – Carriers must provide equivaleservice to passengers with disabilities who readily use the airport kiosks they make ato passengers for ticketing, obtaining boarpasses, etc.

Equivalent service may include assistance f

in using an inaccessible kiosk or allowing thpassenger to come to the front of the chec
Airport Assistance – Subpa

Airport Assistance – § 382.91

Airlines must provide assistance at airports, upon • Enplaning, deplaning, and making connections• From the terminal entrance to the gate and from the 

the baggage claim area 

• To key functional terminal areas (e.g., ticket counte

including a brief stop at the restroom entrance

• To service animal relief area• With gate-checked or carry-on baggage a for passen

unable to carry their luggage due to a disability
Airport Assistance – Subpa

Airport Assistance§ 382.93 – Carriers must offer preboarding to passwith a disability who self-identify at the gate as neemore time or assistance to board, stow accessibility equipment, or be seated.

§ 382.95:• Assistance at airports must include, as needed, p

wheelchairs, motorized carts, and boarding chair

• At U.S. airports with 10,000 or more annual 

enplanements, lifts and ramps must be provided level entry boarding not available.
Airport Assistance – Subpa

Airport Assistance§ 382.99 – Agreements with AirportsAirlines must have written, signed agreements airport operators to ensure the provision of lifts level-entry boarding is not available.

• Agreements must allocate responsibilities for pand maintaining lifts and ramps.• Agreements may provide for one-hour advancby passengers wishing to use a lift or ramp.

Airlines and airports are jointly and severally liaimplementing agreement.
Airport Assistance – Subpa

Airport Assistance

§ 382.103 – A carrier must not leave a passenger unattended for more than 30 minutes in a ground wheelchair in which the passenger is not independently mobile. 
Airport Assistance – Subpa

Airport Assistance

§ 382.105 – Airlines may rely on assistance services provided by airport operators at foreign airports.If airport-provided services are not sufficient to meet Part 382 requirements, carriers must supplement those services to meet the requirements.
Assistive Devices – Subpa

§ 382.121 – Carriers must permit assistive d

be stowed in the aircraft cabin consistent wapplicable safety and security requirement

• Manual wheelchairs and other mobility aids, (e

canes, crutches, walkers)

• Prescription medications and devices, respirat

devices, portable oxygen concentrators.

• Airlines must not count assistive devices towa

limit on carry-on baggage.
Assistive Devices – Subpa

§ 382.123 – Passengers who take advantage 

preboarding option may stow a manual whwith priority over other items in the cabin 

stowage area. Stowage of assistive devices generally takpriority over other items of other passengeboarding at the same airport.
Assistive Devices – Subpa

§ 382.125 – When stowage in cargo is requi

wheelchairs must be given priority over otbaggage, be among first items retrieved ulanding, and returned timely to passenger as possible to the aircraft door or in bagga

as passenger requests.

§ 382.129 – Airlines must transport wheelch

other assistive devices and their batteries return them promptly to the passengers uarrival in the condition received. 
Assistive Devices – Subpa

§ 382.131 – Airlines must not apply baggage liability limits to the damage or loss of assistive devices on flights to which Part 254 applies. Original purchase price of device is the basis for liability calculation.On international flights, liability limits of Montreal and other international agreements apply.
Assistive Devices – Subpa

§ 382.133 – Passenger Use of Electronic Respiratory Assistive Devices• Except for on-demand air taxi operators, U.S. car

permit a passenger to use an FAA-approved portable concentrator (POC) on flights with more than 19 passeats in accordance with applicable safety and securrequirements.• Similar requirements apply to foreign carriers with covered flights to and from the U.S.• Carriers must provide certain information to passeinquiring about medical oxygen when making reserv
Assistance on Aircraft – Subp

§ 382.111 – Services In the Cabin• Reaching aircraft seat• Stowing and retrieving carry-on items• Use of on-board wheelchair to move 

to and from the lavatory (including transfer from aircraft seat to chair)

• Assisting semi-ambulatory passenger in reaching the lavatory• Assistance in preparing to eat
Assistance on Aircraft – Sub

§ 382.113 – Services Not Required In t

Cabin (cont.)

• With actual eating• Within the restroom• Medical services
Assistance on Aircraft – Subp

§ 382.117 – Service Animals Airlines must permit a service animal to accompany a passenger with a disability, including:• Service animals that are trained or 

have an innate ability to assist persons with disabilities; and

• Emotional support or psychiatric 

service animals.
Assistance on Aircraft – Subp

§ 382.117 – Service Animals (cont.):

• Airlines must allow service 

animal to accompany passenger at his/her seat, consistent with safety requirements.

• Airlines may require advance 

notice from passengers traveling with emotional support and psychiatric service animals.
Assistance on Aircraft – Subp

§ 382.117 – Service Animals (cont

• Airlines may require medical docume

from passengers traveling with emotisupport or psychiatric service animals

• Airlines are not required to accommo

certain unusual service animals.
Training Requirements – Sub

§ 382.141 – Requires carriers to ensure training on Part 382 for all public contact carrier and contractor employees:• Proficiency concerning the rule 

as appropriate to the duties of each employee;

• Safety and dignity of 

passengers with disabilities;

• Awareness of and appropriate 

responses to different types of disabilities. 
Training Requirements – Sub

§ 382.141 – (cont.):• Recognizing and responding to 

communication accommodation requests by those with hearing or vision impairment; 

• Consultation with disability 

organizations in developing training program, policies, and procedures;

• Employee refresher training 

every 3 years.
Complaints & Reporting – Subpa

§ 382.151 – Airlines must train and make available a Complaints Resolution Official (CRO) to passengers with disabilities:• At each airport they serve• By telephone or in-person• When passengers raise concerns 

about unresolved disability-related matters

• CRO must have authority to make a 

dispositive resolution of the issue
Complaints & Reporting – Subpa

§ 382.155 – Airlines must send a dispositive written response to any written disability complaint:

• within 30 days of its receipt; • specifically admitting or denying a 

violation of Part 382; and 

• advising the passenger of his/her r

to contact DOT.
Complaints & Reporting – Subp

§ 382.157 – U.S. and foreign carriers must record all 

disability-related complaints received and categorize by type of disability and nature of the complaint (for fcarriers, only refers to complaints regarding flight segto/from U.S.).

• Carriers must submit an annual report to 

DOT summarizing such complaints.

• Carriers must retain such complaint files 

for three years.
Pending and New Disability Rulem

• Final rule on web site and kiosk accessibilit• SNPRM on the provision of medical oxyge

accessible in–flight entertainment, service 

• NPRM on requirements applying to airports 

with airlines to provide captioning on displservice animal relief areas, and lifts.

• NPRM on allowing seat-strapping method i

transporting wheelchairs onboard aircraft.

• Revision of Technical Assistance Manual an

Training Program.
Discrimination

49 U.S.C. § 40127

• race, • color, • national origin,• religion, • sex, or • ancestry.An air carrier or foreign air carrienot subject a person in air transpto discrimination on the basis of:
Discrimination

49 U.S.C. § 40127

• The Department has 

the authority to investigate claims of discrimination made by consumers against carriers.

• AEP looks to case law 

under 42 U.S.C. 1981, 1983 and 2000d in enforcing 49 U.S.C. § 40127.
AEP and Civil Rights

• Continues to amend Part 382 to address concer• Investigates all written disability and discrimina

complaints and enforces compliance;

• Staffs DOT disability hotline;• Conducts airline compliance reviews;• Monitors airline CRO training classes; and• Attends and hosts other public outreach forums 

knowledge with other agencies and educate the nondiscrimination.