$1.2 Million Fine Won't Go To DoT

The U.S. Department of Transportation has announced the issuance of an order reflecting a settlement with American Airlines regarding the carrier's treatment of air travelers with disabilities. The order finds that American has violated the Air Carrier Access Act (ACAA) and federal regulations regarding wheelchair service required to be provided to disabled air travelers. It also assesses a civil penalty of $1.2 million for these violations.

According to the terms of the settlement, American is ordered to cease and desist from future violations of DOT's rules prohibiting discrimination against passengers with disabilities. The settlement allows American to use all but $100,000 of the $1.2 million penalty toward specified activities to improve the carrier's services to persons with disabilities.

"I believe today as I believed over a decade ago as a co-author of the Americans with Disabilities Act that accessibility in transportation is a civil right," Secretary Mineta (right) said. "The U.S. Department of Transportation is committed to increasing mobility for all Americans, particularly those with disabilities."

The department's Aviation Enforcement Office launched an investigation of American's compliance with the ACAA's requirements regarding wheelchair service based on formal and informal complaints the department received. The formal complaint, which was filed in March 2000, involved an air traveler alleging that American violated the ACAA and the department's rules when it failed to provide her the wheelchair assistance she requested and when it failed to make a complaint resolution official available to her as required by law.

The Aviation Enforcement Office's review of the complaints received by the carrier and by DOT revealed a significant number of apparent violations by American, including instances of prolonged delays in obtaining wheelchairs, and passengers being left alone in wheelchairs or aboard aircraft for extended periods of time. In addition, the office found that American failed to comply with the requirement for providing a proper written response to complainants in a number of instances.

FMI: http://dms.dot.gov (docket OST-2000-7010)