Commercial Aviation: Information on Passenger Assaults against Airline Customer Service Agents at Airports
Released: 2019-09-17T00:00:00

Letter

Background

Airline customer service agents have a number of duties to assist passengers at the airport (see fig. 1). Customer service agents can check passengers into flights; handle and tag checked bags; and board and deplane passengers on the aircraft; in addition to assisting passengers when service failures occur, such as helping to locate a lost bag. At many airports and airlines, customer service agents are trained to work the ticket counter and the arrival and departure gates. In this role, airline customer service agents’ interactions with passengers can range from pleasant to routine to contentious. For example, if bad weather causes an airline to delay or cancel flights, harried passengers trying to make connecting flights or get to a destination may take their frustration out on a customer service agent.

The following entities are responsible for helping to prevent or address passenger assaults:

Airlines seek to provide a safe work environment for customer service agents. Among other things, airlines set policies and procedures instructing customer service agents how to handle and report incidents, in addition to how management should respond.

Airport law enforcement responds to allegations of violence at airports and enforces state and local laws. According to airport law enforcement, when they respond to incidents, they generally capture information in police reports.

Airport management, such as a security director, may be informed of alleged passenger assaults at the airport or support ensuing investigations and prosecutions.

Prosecutors at the federal and state level decide whether to charge passengers for offenses that violate laws.

No one federal agency is responsible for addressing passenger assaults against customer service agents at the airport. For example, FAA sets policies that airlines and their employees must adhere to for aviation safety, but TSA oversees the security of the nation’s civil aviation system. However, officials from both TSA and FAA told us their responsibilities for passenger assaults at airports are limited. In particular, FAA officials said their primary responsibility is for assaults onboard aircraft as opposed to at the airport. Similarly, TSA officials said they only get involved in assaults of airline customer service agents in the rare instances where incidents affect airport security. Within DOJ, FBI conducts investigations of incidents that are deemed to violate federal law, and federal prosecutors can decide whether to prosecute individuals for alleged incidents that are deemed to violate federal law.

While Information Is Limited, Almost All Surveyed Customer Service Agents Reported Verbal Harassment, and Some Reported Physical Assaults

No Comprehensive Information Is Available to Understand Assaults by Passengers against Airline Customer Service Agents

Limited data are available to determine the frequency or nature of passenger assaults at airports against airline customer service agents. We reviewed selected data from DOJ, DOT, FAA, FBI, and TSA and found that no dataset can isolate such passenger assaults. For example, while the FBI collects transportation crime data from law enforcement agencies about incidents that occur at air, bus, or train terminals— including information on the victim, offender, and location of the crime— the data cannot isolate passenger assaults against airline customer service agents.

While representatives from selected airport law enforcement agencies and airlines we interviewed said they collect information related to passenger assaults for their respective airports or airlines, these data were generally unavailable. In particular, representatives from all six selected airport law enforcement agencies we interviewed said providing data on passenger assaults against airline customer service agents would require manually reviewing all police reports. Results from one selected airport law enforcement agency that had manually reviewed its data for 2018 found that of the 237 assistance calls it received for incidents between customer service agents and passengers, law enforcement completed an incident report for 12 of these calls, and referred two reports to state prosecutors. Representatives from five of the six selected airlines declined to share data with us, saying data were not readily available, or were business proprietary, or business sensitive. Representatives from the remaining airline provided us with data from the third and fourth quarters of 2018; this data indicated that incidents between passengers and customer service agents generally remained constant, with an average of approximately 1.2 disruptive passengers per 1,000 passenger boardings.

About 10 Percent of Surveyed Customer Service Agents Said Passengers Physically Assaulted Them in the Past Year

In the absence of available data, we surveyed a non-generalizable sample of 104 randomly selected customer service agents to understand their experiences performing their jobs over the last year. According to these 104 customer service agents, almost all (96) reported experiencing verbal harassment, such as passengers yelling, cursing, or being argumentative (see fig. 2). Almost half (46) reported experiencing verbal threats, such as passengers threatening to harm the customer service agent. Twenty-two customer service agents reported that a passenger attempted to physically assault them by, for example, attempting to push them. Fewer (12) customer service agents said that passengers actually physically assaulted them. We also found that about one-third (34) of surveyed customer service agents said they experienced “other types of harmful actions,” which agents said included passengers destroying property, taking video of agents, grabbing agents’ identification badges, and stalking agents after work.

Stakeholders we interviewed from selected airports, airport law enforcement, and airlines generally agreed that passengers can be verbally disruptive but that physical assaults are less frequent. More specifically, of these 17 stakeholders, most (13) agreed that disruptive passenger behavior is frequent. Most (11) also agreed that physical assaults occur less frequently than verbal threats. Nevertheless, while representatives from two selected unions did not have data on such actions, they emphasized to us that the customer service agents they represent face difficult working conditions. The union representatives also stated that passenger assaults, including verbal threats and physical assaults, are becoming more common. Further, three of the nine stakeholders who provided a perspective said that incidents against customer service agents are increasing. For example, representatives from one airline we interviewed said that over the past 5 years, they have observed an increase in both the frequency and severity of passenger assaults, in addition to other disruptive behavior.

A number of factors may contribute to passenger assaults. Selected stakeholders, including those from airlines, airports, airport law enforcement, and other industry associations most commonly cited (24) alcohol consumption at the airport or drug use as a contributing factor. For example, according to representatives from one law enforcement agency, when customer service agents deny boarding to intoxicated passengers, passengers can become verbally or physically aggressive toward customer service agents. Other stakeholders told us that passengers increasingly have more opportunities to consume alcohol while waiting for their flights, thereby increasing alcohol-related incidents. For example, representatives from one airport noted that tablets at the boarding area allow passengers to place orders for alcohol while seated at the gate.

Seventeen selected stakeholders we interviewed also told us that airlines’ business practices, such as charging fees for checked and carry-on baggage or policies around delays and cancellations might aggravate or surprise passengers and lead them to be aggressive toward customer service agents. Some stakeholders (10) also said that other factors, such as long lines and large crowds in the airport can increase passengers’ stress levels. Moreover, according to some stakeholders, service failures—such as flight delays, cancellations, or lost baggage—can exacerbate these stressors.

Of the 61 surveyed customer service agents who reported experiencing verbal threats, attempted physical assaults, actual physical assaults, or other harmful actions, most (45) said these incidents negatively affected their overall well-being. Similarly, selected union representatives we interviewed also said that these incidents can increase stress and anxiety for customer service agents.

Almost All Surveyed Customer Service Agents Who Said They Experienced a Passenger Assault Reported It, and Airline Management or Airport Law Enforcement Often Took Some Action

Almost all customer service agents (56 of 61) who stated in our survey that they experienced passenger conduct amounting to more than harassment said they reported the conduct to someone. Specifically, 46 customer service agents stated that they contacted their immediate airline manager; 28 stated that they contacted airport law enforcement; and 6 stated that they contacted airport staff or other entities.

These actions described by customer service agents we surveyed generally aligned with selected airlines’ procedures for handling passenger assaults. Specifically, representatives from five selected airlines told us that while their respective airline’s policy generally calls for agents to contact management first, agents can also contact airport law enforcement if they feel like their safety is threatened. However, representatives from two selected unions told us that airline managers are sometimes hesitant to inform law enforcement about incidents—or have their agents contact law enforcement—or to elevate incidents internally. According to one union representative, airlines prefer to keep such incidents internal and emphasize providing on-time service to their passengers. Contacting law enforcement could make this difficult to achieve, so when disruptive passenger behavior occurs, airlines may be inclined to allow the passenger onboard the aircraft instead of contacting law enforcement.

Of the 56 customer service agents who stated they reported the passenger conduct, over half (33) said that, to their knowledge, representatives from airlines, law enforcement, or airports took action in response. According to our survey results, these representatives generally took a range of actions, including but not limited to, requesting that a passenger stop the disruptive behavior, completing an airline or police report, denying a passenger boarding, or arresting a passenger. Representatives most commonly removed passengers from an area or denied passengers from boarding (18); diffused the situation (7); or arrested the passenger (4). Twenty-six customer service agents said that no action was taken in response to the incident, which left some to not feel supported by airline management. Moreover, according to representatives from one union, in some instances, customer service agents feel that if airline management provides passengers with travel benefits, such as seat upgrades or airline miles, to diffuse these types of situations, it can appear to be condoning or rewarding any passenger misbehavior.

The FAA Reauthorization Act of 2018 requires airlines to develop and submit employee assault-prevention and response plans to FAA by January 2019. In these plans, airlines are required to document: reporting protocols for airline customer service agents who have been the victim of a verbal or physical assault; protocols for notifying law enforcement after an incident of verbal or physical assault committed against an airline customer service agent; protocols for informing federal law enforcement about violations of federal law that prohibits interference with security screening personnel; protocols for ensuring that a passenger involved in a violent incident with an airline customer service agent is not allowed to move through airport security or board an aircraft until appropriate law enforcement has an opportunity to assess the incident and take appropriate action; and protocols for informing passengers of federal laws protecting federal, airport, and airline employees who have security duties within an airport.

In March 2019, FAA officials said they had not received employee assault-prevention and response plans from all of the 49 U.S. airlines that were required to submit such plans. However, at that time, officials also said they were not concerned about any delays because they believed airlines already have internal policies and procedures for handling these types of incidents. Nevertheless, FAA officials told us they intended to issue a reminder to the airlines. Of the six selected airlines we interviewed, representatives from two airlines said they had submitted their plans to FAA, and representatives from the remaining four airlines said their plans were in development. Further, when we asked airlines to describe their policies for handling assaults, some of the policies that representatives described aligned to some requirements in the Act for the plans. For example, as discussed previously, all six selected airlines told us they had policies for how customer service agents or managers should notify airport law enforcement when assaults occur. Moreover, representatives from all six airlines also described reports that that customer service agents and employees complete when such incidents occur.

In July 2019, FAA issued a notification to airlines, reminding them to develop and submit their plans. FAA officials attributed delays in following up with airlines to the government shutdown in early 2019 and multiple competing requirements in the Act. FAA officials also said they were initially hesitant to issue a notification around these plans, since the agency has a limited role and does not promulgate requirements for the training or oversight of customer service agents. Nevertheless, FAA officials said they plan to continue to follow up with the airlines as needed to collect the remaining plans.

Most Selected Stakeholders Said State and Local Laws and Resources Sufficiently Deter and Address Passenger Assaults against Airline Customer Service Agents Despite General Satisfaction, Some Said Stronger Penalties and Other Legal Avenues Could Be Pursued

All selected stakeholders we interviewed representing airlines, airports, airport law enforcement, and prosecutors (23 of 23) who provided a perspective said that current state and local laws sufficiently deter and address passenger assaults. We spoke with seven selected state prosecutors who told us that, among other offenses, they can charge passengers for actions against customer service agents with assault; battery (e.g., intentional causing of bodily harm); disorderly conduct (i.e., acts that are of a nature to outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engaging in brawling or fighting); and trespassing. According to these prosecutors, they typically charge passengers for assaults as misdemeanors, which one prosecutor told us generally does not result in passengers’ serving any jail time.

While four selected state prosecutors who regularly handle misdemeanor prosecutions did not have data isolating these crimes, three recalled charging passengers for assaults against customer service agents. For example, a representative from one prosecutor’s office estimated that, over the last 5 years, law enforcement had referred 25 to 30 of these incidents to his office and that his office had prosecuted six or seven of these cases. In determining whether to pursue a case, five prosecutors we interviewed told us they weigh a number of factors, such as whether the customer service agent is willing to file charges; whether law enforcement observed the assault; and whether witnesses are available to testify. Nonetheless, according to prosecutors we interviewed, crimes committed at airports present unique challenges. More specifically, according to one prosecutor we spoke with, the transitory nature of airports makes it difficult to get witnesses to testify at a trial, because they are often passing through the airport en route to another destination.

Four selected prosecutors also told us that passenger assaults might be charged as felonies if, for example, the crime involves the use of a deadly weapon or causes serious physical injury to the victim. However, these prosecutors told us such instances are infrequent and incidents between passengers and customer service agents rarely rise to the level of severity of a felony charge. To that end, none of the three prosecutors we interviewed who typically prosecute felony cases could remember charging a passenger for an assault of a customer service agent within the last year.

Nevertheless, some selected stakeholders told us opportunities exist to strengthen penalties for passenger assaults. More broadly, a few stakeholders that we interviewed—including one airline, one prosecutor, and one union—suggested opportunities exist to pursue harsher penalties. According to selected stakeholders, this could be achieved by, for example, prosecuting passenger assaults as felonies, prosecuting these incidents at the federal level, or seeking a legislative change to classify airline customer service agents as a protected class. For example, under Florida statute, an alleged battery against certain specified protected classes, including elected officials and teachers, are automatically reclassified from a first degree misdemeanor to a third degree felony charge, resulting in potentially harsher penalties.

While Selected Stakeholders Generally Agreed Resources Are Sufficient, Some Suggested Improvements

Most selected stakeholders we interviewed who provided a perspective said that their current resources sufficiently deter and address passenger assaults. Specifically, of the 20 selected stakeholders who provided a perspective, 15 said that current resources are sufficient and did not identify other resources that could improve their ability to address or mitigate passenger assaults. The remaining five stakeholders would like to see additional resources directed toward airport’s law enforcement agencies. In particular, four selected stakeholders said they believe that increasing the number and presence of law enforcement in airports would help deter or address passenger assaults. Representatives from one airline told us they hired private security officers to monitor ticketing and baggage areas at the airport to increase their security posture. While the purpose is not to address passenger assaults, representatives told us that these officers can respond to such assaults. The remaining stakeholder suggested law enforcement could receive additional training to improve responses when passenger assaults occur.

Some of the selected stakeholders we interviewed who did not identify gaps in resources nonetheless offered suggestions to further deter or mitigate passenger assaults, including:

Provide additional training for customer service agents. Three stakeholders told us customer service agents should receive additional training on conflict de-escalation.

Increase information sharing and reporting. Three selected stakeholders said that information sharing could be improved among relevant stakeholders—including airlines and airport law enforcement. For example, representatives from one airline said they have limited insight into the outcomes of passenger assaults unless they contact airport law enforcement or prosecutors. Two selected union representatives said that having better data on these incidents could be beneficial to understand the scope of the problem.

Increase public education and support for customer service agents. Representatives from two unions would like to see (1) signage at airports saying that assaults by passengers are subject to prosecution, and (2) airlines provide additional support to customer service agents, in the form of legal assistance or time off, to press charges against passengers alleged to have committed such assaults.

Moving forward, the FAA Reauthorization Act of 2018 requires airlines to provide initial and recurrent training for all employees on, among other things, de-escalating hostile situations, and, as previously noted, the reporting protocols for these incidents. Providing such training and having additional reporting protocols could provide customer service agents with additional tools for diffusing these incidents and standardize how airlines respond to these incidents, respectively.

Agency Comments

We provided a draft of this report to DHS, DOJ, and DOT for review and comment. DOJ provided technical comments, which we incorporated as appropriate. DHS and DOT did not have any comments.

We are sending copies of this report to the appropriate congressional committees, the Secretary of the Department of Transportation, the Attorney General, the Secretary of Homeland Security, and other interested parties. In addition, the report is available at no charge on the GAO website at http://www.gao.gov.

If you or your staff any have questions about this report, please contact me at (202) 512-2834 or VonahA@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff who made key contributions to this report are listed in appendix II.

Appendix I: Survey for Airline Customer Service Agents

In the past year, how many times have experienced the following incidents: Passenger verbally harassed you Passenger verbally threatened you (i.e., said they would do something to you specifically)

Passenger attempted to physically assault you (tried to hurt you)

Passenger committed other harmful action (please describe)

3. How, if at all, have these incidents affected your overall well-being? a. No effect b. Slightly negative effect c. Very negative effect 4. Now thinking about the most severe incident you have experienced in the past year, which of the following airport officials, if any, did you contact about this incident? a. Immediate airline manager b. Airport law enforcement c. Airport staff d. Other–Please identify ______________________________ e. None 5. Did any airport or airline officials take action because of your most severe incident in the past year? a. No b. Don’t know c. Yes. Please describe the action that was taken. 6. How, if at all, could airlines support customer-service representatives when these incidents happen?

Appendix II: GAO Contact and Staff Acknowledgments

GAO Contact:

Andrew Von Ah, (202) 512-2834 or VonahA@gao.gov.

Staff Acknowledgements:

In addition to the individual named above, other key contributors to this report were Jonathan Carver, Assistant Director; Melissa Swearingen, Analyst-in-Charge; Emily Flores; Clara Goldrich; Geoffrey Hamilton; Delwen Jones; Dawn Locke; Malika Rice; Kelly Rubin; and Amy Suntoke.