No Agreement, Charges Filed
The
Aviation Enforcement Office of the Department of Transportation
(DOT) Friday filed a complaint against American Airlines alleging
the carrier discriminated against passengers who were or were
perceived to be of Arab, Middle Eastern or Southeast Asian descent
and/or Muslim. The office charged the carrier with violating
federal law that prohibits discrimination due to a person's race,
color, national origin, religion, sex, or ancestry.
Post 9/11 Jitters?
The allegations in the complaint concern ten individuals, mostly
American citizens, who were either removed from or denied boarding
on their scheduled American Airlines flights, even though they were
properly ticketed and had successfully passed all security checks.
In some cases the complainants were immediately rebooked on
American or another airline and not subjected to any additional
screening, even though they had been removed from their original
American flight as an alleged security risk.
The
majority of the incidents that form the basis of the complaint
occurred between Sept. 11, 2001, and Dec. 31, 2001. The
Aviation Enforcement Office began its investigation of American
after receiving complaints directly from air travelers and
reviewing American's own incident reports documenting individuals
removed from flights or who were not allowed to board their
scheduled flights.
Following the Sept. 11, 2001 terrorist attacks, DOT issued
guidance to US airlines, reminding them that it is illegal to
target or otherwise discriminate against passengers based on their
race, color, national or ethnic origin, or religion. The
first such notice was issued on Sept. 21, 2001. Most of the
incidents covered in the complaint filed today occurred after that
date.
The Aviation Enforcement Office filed its complaint after
settlement negotiations to resolve the matter proved
unsuccessful. Under the complaint, American could be held
liable for civil penalties of $65,000 for violations described in
the complaint, plus additional penalties for other violations that
may be discovered during the proceeding. The Aviation Enforcement
Office is also seeking a judgment ordering American to cease and
desist from engaging in discriminatory conduct in the future.
The case will be heard by a DOT administrative law judge in a
trial-type hearing proceeding.