Full Statute Name:  United States Code Annotated. Title 49. Transportation. Subtitle VII. Aviation Programs. Part A. Air Commerce and Safety. Subpart II. Economic Regulation. Chapter 417. Operations of Carriers. Subchapter I. Requirements. § 41705. Discrimination against individuals with disabilities

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Popular Title:  Air Carrier Access Act (ACAA) Primary Citation:  49 USCA § 41705 Country of Origin:  United States Last Checked:  February, 2025 Date Adopted:  1986 Historical: 
Summary: The Air Carrier Access Act (ACAA) was enacted in 1986. The law prohibits discrimination by commercial airlines on the basis of disability. An individual is considered "disabled" if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities.; (2) l has a record of such an impairment; or (3) is regarded as having such an impairment. This law requires that each complaint under this section are investigated and those data reviewed/reported. Regulations promulgated under the ACAA in 2008 set forth requirements for service brought animals aboard commercial flights.

(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.

CREDIT(S)
(Pub.L. 103-272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub.L. 106-181, Title VII, § 707(a), Apr. 5, 2000, 114 Stat. 158; Pub.L. 108-176, Title V, § 503(d)(1), Dec. 12, 2003, 117 Stat. 2559; Pub.L. 118-63, Title V, §§ 549, 550(c), May 16, 2024, 138 Stat. 1212.)
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