We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Discrimination Against Handicapped Individuals [Aviation Law]
Understanding Discrimination Against Handicapped Individuals in Aviation Law
Definition & Meaning
Discrimination against handicapped individuals in aviation refers to the unfair treatment of people with physical or mental impairments when they seek air transportation. Under federal law, air carriers, including foreign air carriers, are prohibited from discriminating against individuals based on their disabilities. This includes individuals who have a history of such impairments or are perceived as having them. Such discrimination is considered a separate offense, ensuring that all passengers have equal access to air travel.
Table of content
Legal Use & context
This term is primarily used in aviation law, which governs the operation of air carriers and their responsibilities toward passengers. Discrimination against handicapped individuals is relevant in civil law, particularly in cases involving accessibility and equal treatment in transportation. Users may encounter forms related to complaints or claims regarding discrimination, which can be managed with resources like US Legal Forms that provide templates for such situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A passenger who uses a wheelchair is denied boarding because the airline claims they cannot accommodate their needs. This constitutes discrimination.
Example 2: A person with a history of depression is treated unfairly by airline staff, despite having no current issues. This is also a form of discrimination. (hypothetical example)
Relevant laws & statutes
The primary statute governing discrimination against handicapped individuals in aviation is the Air Carrier Access Act (ACAA), codified at 49 USCS § 41705. This law outlines the rights of individuals with disabilities in air travel and the obligations of air carriers.
Comparison with related terms
Term
Definition
Key Differences
Disability
A physical or mental condition that limits a person's movements, senses, or activities.
Discrimination focuses on unfair treatment based on disability, while disability refers to the condition itself.
Accessibility
The design of products, devices, services, or environments for people with disabilities.
Accessibility is about making services usable for everyone, whereas discrimination is about unfair treatment.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced discrimination while traveling, document the incident and gather any evidence, such as photos or witness statements. You can file a complaint with the airline and consider using US Legal Forms to access templates for formal complaints. If the situation is complex or unresolved, consulting a legal professional may be necessary.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.