49 USC 41705 - Discrimination against individuals with disabilities

U.S Code last checked for updates: Nov 22, 2024

§ 41705.

Discrimination against individuals with disabilities

(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.

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cite as: 49 USC 41705