Recent investigations by the U.S. Department of Transportation (DOT) have resulted in fines and settlements against two major airlines. In October 2024, DOT fined American Airlines $50 million due to “cases of unsafe physical assistance that at times resulted in injuries and undignified treatment of wheelchair users” between 2019 and 2023. Passengers reported that they were handled in a rough manner and their wheelchairs were damaged beyond repair. Of the $50 million penalty, $25 million will go to the U.S. Treasury, and the remaining $25 million will be credited back to American Airlines to invest in equipment and systems upgrades that reduce wheelchair damage and delays, and to compensate those customers who were mistreated.
December 19, 2024
Recent Disability News in the Aviation Space
“With this penalty, we are setting a new standard of accountability for airlines that violate the civil rights of passengers with disabilities,” said U.S. Transportation Secretary Pete Buttigieg in a press statement. “By setting penalties at levels beyond a mere cost of doing business for airlines, we’re aiming to change how the industry behaves and prevent these kinds of abuses from happening in the first place.”
Last year, the DOT reached a settlement with United Airlines, which agreed to make changes to improve air travel for people who use wheelchairs after the $30,000 custom wheelchair of a passenger and disability rights activist, Engracia Figueroa, was damaged by the airline. She later died from injuries she sustained using the replacement wheelchair United provided. Specifically, in early 2025, United Airlines will roll out a search function on their website where travelers can find flights on planes that can accommodate their wheelchairs in the cargo hold. If passengers have to book a more expensive flight because their preferred option cannot accommodate the size of their wheelchair, then United will refund the difference in fare price.
DOT is actively investigating similar violations at other domestic airlines, according to an article in the New York Times. In 2023 alone, U.S. airlines mishandled 11,527 wheelchairs and scooters.
Particularly noteworthy, in December the DOT issued a final rule entitled, “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.” The rule strengthens its regulation implementing the Air Carrier Access Act (ACAA) and addresses the serious problems encountered by airline passengers who use wheelchairs and scooters. These include mishandled wheelchairs and scooters and improper transfers of passengers to and from aircraft seats, aisle chairs, and personal wheelchairs. Among other things, the rule requires safe and dignified assistance to individuals with disabilities and prompt enplaning, deplaning, and connecting assistance, which includes moving within the airport terminal. Also required is annual training, including hands-on training, of airline employees and contractors who physically assist passengers with mobility disabilities or handle passengers’ wheelchairs or scooters. If a passenger’s checked wheelchair or other assistive device is not returned to the passenger in the same condition it was received, there is a rebuttable presumption that the airline mishandled the device in violation of the ACAA. The final rule goes into effect on January 16, 2025.
Paralyzed Veterans of America’s (PVA) Chief Executive Officer Carl Blake issued a statement responding the rule. “This rule changes Air Carrier Access Act regulations to improve the air travel experience for people who use wheelchairs and other assistive devices. The publishing of this new rule is based in large part on PVA’s efforts, which included filing a petition with DOT in February 2022 to initiate rulemaking authority, and sending countless follow up letters on the topic,” Blake stated. PVA Chief Policy Officer Heather Ansley said the organization has worked closely with the DOT to make improvements to the accessibility of air travel for wheelchair users through formal requests for rulemaking, feedback on proposed rules, and formal and informal complaints. Ansley has also served on committees that report to the Secretary of the Department of Transportation and focus specifically on the needs of passengers with disabilities.
Ansley added that “passing the FAA Reauthorization Act of 2024 was our big area of focus because that gives direction to the Department of Transportation and FAA about next steps. Some of PVA’s next goals are “focusing on implementation of the requirements of that law [and] working with the relevant agencies to make sure that they are moving forward in the areas that Congress wanted them to focus on.”
Ansley said that adding a private right of action under the ACAA is also a priority. “We do believe that that is something that needs to be put into place to bring it on par with other civil rights laws.” In 2020, the ABA House of Delegates approved Resolution 106, sponsored by the Commission on Disability Rights, urging Congress to amend the Air Carrier Access Act to establish a private right of action for those not granted equal access to commercial air travel. Although the law improved commercial air travel for passengers with disabilities, it did not address many barriers including damaged assistive devices, as the accompanying report detailed.
Additionally, the DOT told USA TODAY that the Federal Aviation Administration (FAA) has been conducting research on how to best enable passengers to fly in their own wheelchairs. “Currently, the FAA has not identified any major issues to installation, and mitigations for any minor issues are being developed,” DOT Spokesperson Sean Manning said. “We are pleased to share that the FAA expects to determine the feasibility of wheelchairs on aircraft by the end of 2025.” Delta Flight Products, a subsidiary of Delta Air Lines, has submitted designs for in-cabin wheelchair travel for FAA approval. Over the last couple years, Delta showcased designs for First Class and economy cabin seats at industry events.