Civil RightsStatutes and RegulationsAir Carrier Access Act49 U.S.C. § 41705• The ACAA prohibits air carriers and foreignair carriers from discriminating against aqualified individual based on his or herdisability in providing air transportation• When enacted in 1986, the ACAA coveredonly U.S. air carriersAir Carrier Access Act49 U.S.C. § 41705• The Wendell H. Ford Aviation Investmentand Reform Act for the 21st Centuryamended the ACAA in April 2000 specificallyto include foreign air carriers• 14 CFR Part 382 - ACAA implementingregulation amended in May 2008 to apply toforeign air carriers effective May 200914 CFR Part 382 - DefinitionsAnIndividual with a Disability:• Has a permanent or temporary physical or mentalimpairment that substantially limits one or moremajor life activities (walking, seeing, hearing,speaking, breathing, learning)• Has a record of such an impairment• Is regarded as having such an impairmentPart 382 OverviewCARRIER RESPONSIBILITIES• Information – Subpart C• Accessibility – Subparts D & E• Assistance – Subparts G, H, & I• Training – Subpart J• Complaint Resolution and Reporting –Subpart KPart 382 Overview (cont.)Airlines must provide INFORMATION forpassengers:•Accessibility of the aircraft and services availableon a particular flight•Telephone reservation and information servicesavailable to the public must be accessible toindividuals with hearing impairments•Availability of Part 382 to members of the public onrequestPart 382 Overview (cont.)Airlines must ensure ACCESSIBILITY of:•Aircraft•Airport facilities under the airlines’controlPart 382 Overview (cont.)Airlines must provide ASSISTANCE:•Within the airport terminal•Enplaning, deplaning, and connecting•On the aircraftPart 382 Overview (cont.)Airlines must provideappropriate Training totheir employees andensure the same fortheir contractors.•Airlines must adhere torequired procedures forComplaints Resolutionand Reporting.Passenger Information – Subpart CSection 382.41 - Airlines must provide the followinginformation on request to individuals inquiringabout the aircraft’s accessibility on a particularflight:• Location of seats with movable armrests• Location of specific seats not available to passengers withdisabilities• Availability of level-entry boarding at each airport involvedwith the flight– even when not explicitly requestedby apassenger stating that he/she uses a wheelchairPassenger Information – Subpart CSection 382.41 – Information to be provided uponrequest to individuals inquiring about the aircraft’saccessibility on a particular flight (cont.):• Availability of storage facilities for mobility aids andassistive devices• Availability of accessible lavatory• Types of services for passengers with disabilitiesthat areand are not available on the flight.Passenger Information – Subpart CSection 382.45:• Carriers must keep a current copy of Part 382 at each airportthey serve and make it available for review upon request.• Carriers that have a Web site must disclose on thesite how apassenger may obtain an accessible copy of Part 382fromDOT.Section 382.31 (in Subpart B):• Carriers that make certain discounts or special offers availableonly on their Web sites must offer the same terms topassengers with disabilities who cannot use the Website dueto their disability when they seek to book a flightby othermeans.Aircraft Accessibility – Subpart EAircraft – Cabin AccessibilityApplies to new aircraft ordered after April 5, 1990, ordelivered after April 5, 1992, for U.S. carriers, and forforeign carriers new aircraft ordered after May 13,2009,or delivered after May 13, 2010:• § 382.61 –Movable armrestson at least 1⁄2 of aisleseats in each class of service on new aircraft with30or more seats• § 382.63 – At leastone accessible lavatoryon allnew twin-aisle aircraftAircraft Accessibility – Subpart EAircraft – Cabin Accessibility – (cont.)• § 382.65 – All new aircraft with61+ seats equipped withanon-board wheelchair• § 382.67 –Priority stowage space for one foldingwheelchairon new aircraft with 100 or more seats• § 382.69 –High-contrast captioningon all videos,DVDs, and other audio-visual displays played forsafetypurposes and on all those played forinformationalpurposes created under the carrier’scontrolAirport Accessibility – Subpart DAirport Accessibility§ 382.51 - Carriers must ensure the following at U.S.airport facilities they own, lease, or control:• Terminal facilities are readily accessible and usable byindividuals with disabilities – meet DOJ ADA title IIIrequirements• An accessible route meeting ADAAG provisions isprovided from the gate to the aircraft boarding areawhen there is level-entry boarding and deplaning isnotavailable.Airport Accessibility – Subpart DAirport Accessibility – § 382.51 – (cont.):• Intra- and inter-terminal transportation is accessible– meeting DOT ADA requirements.• Airline contracts or leases with airport operatorsmust set forth their respective responsibilities forairport accessibility under applicable disabilityregulations.• Service animal relief areasAirport Accessibility – Subpart DAirport Accessibility – § 382.51 – (cont.):• Captioning enabled on all TVs and other audiovisual displays at all times• All new and replacement TVs and other audiovisual displays must be equipped with highcontrast captioning capabilityAirport Accessibility – Subpart DAirport Accessibility – § 382.51 – (cont.):• At foreign airports, U.S. carriers must ensurethat terminal facilities they own, lease, orcontrol can be readily used by passengers withdisabilities• This provision applies to foreign carriers onlywith respect to terminal facilities they own,lease, or control that serve flights to and fromthe U.S.Airport Accessibility – Subpart DAirport Accessibility§ 382.53 – U.S and foreign air carriers must ensure thatprompt access to information is provided at airportstopersons with vision or hearing impairments who selfidentify as needing assistance:• U.S. air carriers must provide access to the sameinformationthey provide to other passengers at gates, ticketing areas, andcustomer service desks at U.S. and foreign airports• Foreign air carriers must meet the same requirement at U.S.airports, but at foreign airports provide information access onlyat gates, ticketing areas, and customer service desks servingflights to and from the U.S.Airport Accessibility – Subpart DAirport Accessibility – § 382.53 (cont.):• At U.S. airports where the airport has effective control ofgates, ticketing areas, and customer service desks,airlinesand airports have joint responsibility to ensure information isprovided• Information carriers must provide includes, but isnot limitedto: flight safety, ticketing, check-in, delays or cancellations,schedule changes, boarding, connections, gate assignments,baggage check, volunteer solicitation on oversold flights,aircraft changes, emergencies.• Baggage claim information – no later than when otherpassengers receive the informationAirport Accessibility – Subpart DAirport Accessibility§ 382.57 – Carriers must provide equivalentservice to passengers with disabilities who cannotreadily use the airport kiosks they make availableto passengers for ticketing, obtaining boardingpasses, etc.Equivalent service may include assistance from staffin using an inaccessible kiosk or allowing thepassenger to come to the front of the check-in line.Airport Assistance – Subpart GAirport Assistance – § 382.91Airlines must provide assistance at airports, upon request:• Enplaning, deplaning, and making connections• From the terminal entrance to the gate and from the gate tothe baggage claim area• To key functional terminal areas (e.g., ticket counter),including a brief stop at the restroom entrance• To service animal relief area• With gate-checked or carry-on baggage a for passengersunable to carry their luggage due to a disabilityAirport Assistance – Subpart GAirport Assistance§ 382.93 – Carriers must offer preboarding to passengerswith a disability who self-identify at the gate asneedingmore time or assistance to board, stow accessibilityequipment, or be seated.§ 382.95:• Assistance at airports must include, as needed, personnel,wheelchairs, motorized carts, and boarding chairs.• At U.S. airports with 10,000 or more annualenplanements, lifts and ramps must be provided whenlevel entry boarding not available.Airport Assistance – Subpart GAirport Assistance§ 382.99 – Agreements with AirportsAirlines must have written, signed agreements withairport operators to ensure the provision of liftswhenlevel-entry boarding is not available.•Agreements must allocate responsibilities for providingand maintaining lifts and ramps.• Agreements may provide for one-hour advance check-inby passengers wishing to use a lift or ramp.Airlines and airports are jointly and severally liable forimplementing agreement.Airport Assistance – Subpart GAirport Assistance§ 382.103 – A carrier must notleave a passenger unattendedfor more than 30 minutes in aground wheelchair in which thepassenger is not independentlymobile.Airport Assistance – Subpart GAirport Assistance§ 382.105 – Airlines may rely onassistance services provided byairport operators at foreign airports.If airport-provided services are notsufficient to meet Part 382requirements, carriers mustsupplement those services to meetthe requirements.Assistive Devices – Subpart I§ 382.121 – Carriers must permit assistive devices tobe stowed in the aircraft cabin consistent withapplicable safety and security requirements.• Manual wheelchairs and other mobility aids, (e.g.,canes, crutches, walkers)• Prescription medications and devices, respiratorydevices, portable oxygen concentrators.• Airlines must not count assistive devices toward thelimit on carry-on baggage.Assistive Devices – Subpart I§ 382.123 – Passengers who take advantage ofpreboarding option may stow a manual wheelchairwith priority over other items in the cabin prioritystowage area.Stowage of assistive devices generally takespriority over other items of other passengersboarding at the same airport.Assistive Devices – Subpart I§ 382.125 – When stowage in cargo is required,wheelchairs must be given priority over otherbaggage, be among first items retrieved uponlanding, and returned timely to passenger as closeas possible to the aircraft door or in baggage claim,as passenger requests.§ 382.129 – Airlines must transport wheelchairs,other assistive devices and their batteries andreturn them promptly to the passengers uponarrival in the condition received.Assistive Devices – Subpart I§ 382.131 – Airlines must not applybaggage liability limits to the damageor loss of assistive devices on flights towhich Part 254 applies.Original purchase price of device is thebasis for liability calculation.On international flights, liability limitsof Montreal and other internationalagreements apply.Assistive Devices – Subpart I§ 382.133 – Passenger Use of ElectronicRespiratory Assistive Devices•Except for on-demand air taxi operators, U.S. carriers mustpermit a passenger to use an FAA-approved portableoxygenconcentrator (POC) on flights with more than 19 passengerseats in accordance with applicable safety and securityrequirements.• Similar requirements apply to foreign carriers with respect tocovered flights to and from the U.S.• Carriers must provide certain information to passengersinquiring about medical oxygen when making reservations.Assistance on Aircraft – Subpart H§ 382.111 – Services In the Cabin• Reaching aircraft seat• Stowing and retrieving carry-on items• Use of on-board wheelchair to moveto and from the lavatory (includingtransfer from aircraft seat to chair)• Assisting semi-ambulatory passengerin reaching the lavatory• Assistance in preparing to eatAssistance on Aircraft – Subpart H§ 382.113 – Services Not Required In theCabin (cont.)• With actual eating• Within the restroom• Medical servicesAssistance on Aircraft – Subpart H§382.117 – Service AnimalsAirlines must permit a serviceanimal to accompany a passengerwith a disability, including:•Service animals that are trained orhave an innate ability to assistpersons with disabilities; and•Emotional support or psychiatricservice animals.Assistance on Aircraft – Subpart H§382.117 – Service Animals(cont.):•Airlines must allow serviceanimal to accompany passengerat his/her seat, consistent withsafety requirements.•Airlines may require advancenotice from passengers travelingwith emotional support andpsychiatric service animals.Assistance on Aircraft – Subpart H§ 382.117 – Service Animals (cont.)• Airlines may require medical documentationfrom passengers traveling with emotionalsupport or psychiatric service animals.• Airlines are not required to accommodatecertain unusual service animals.Training Requirements – Subpart J§ 382.141 – Requires carriersto ensure training on Part 382for all public contact carrierand contractor employees:• Proficiency concerning the ruleas appropriate to the duties ofeach employee;• Safety and dignity ofpassengers with disabilities;• Awareness of and appropriateresponses to different types ofdisabilities.Training Requirements – Subpart J§ 382.141 – (cont.):• Recognizing and responding tocommunication accommodationrequests by those with hearingor vision impairment;• Consultation with disabilityorganizations in developingtraining program, policies, andprocedures;• Employee refresher trainingevery 3 years.Complaints & Reporting – Subpart K§ 382.151 – Airlines must train andmake available a ComplaintsResolution Official (CRO) topassengers with disabilities:• At each airport they serve• By telephone or in-person• When passengers raise concernsabout unresolved disability-relatedmatters• CRO must have authority to make adispositive resolution of the issueComplaints & Reporting – Subpart K§ 382.155 – Airlines must send adispositive written response to anywritten disability complaint:• within 30 days of its receipt;• specifically admitting or denying aviolation of Part 382; and• advising the passenger of his/her recourseto contact DOT.Complaints & Reporting – Subpart K§ 382.157 – U.S. and foreign carriers must record allwrittendisability-related complaints received and categorize complaintsby type of disability and nature of the complaint (for foreigncarriers, only refers to complaints regarding flight segmentsto/from U.S.).•Carriers must submit an annual report toDOT summarizing such complaints.•Carriers must retain such complaint filesfor three years.Pending and New Disability Rulemakings• Final rule on web site and kiosk accessibility• SNPRM on the provision of medical oxygen ,accessible in–flight entertainment, service animals• NPRM on requirements applying to airports to workwith airlines to provide captioning on displays,service animal relief areas, and lifts.• NPRM on allowing seat-strapping method intransporting wheelchairs onboard aircraft.• Revision of Technical Assistance Manual and ModelTraining Program.Discrimination49 U.S.C. § 40127•race,•color,•national origin,•religion,•sex, or•ancestry.An air carrier or foreign air carrier maynot subject a person in air transportationto discrimination on the basis of:Discrimination49 U.S.C. § 40127• The Department hasthe authority toinvestigate claims ofdiscrimination madeby consumersagainst carriers.• AEP looks to case lawunder 42 U.S.C.1981, 1983 and2000d in enforcing49 U.S.C. § 40127.AEP and Civil Rights• Continues to amend Part 382 to address concerns;• Investigates all written disability and discriminationcomplaints and enforces compliance;• Staffs DOT disability hotline;• Conducts airline compliance reviews;• Monitors airline CRO training classes; and• Attends and hosts other public outreach forums to shareknowledge with other agencies and educate the public onnondiscrimination.