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Airline Fined $50 Million for Disability Rights Breaches; AARP Backs Improvements

U.S. Department of Transportation cracks down on failures to protect wheelchair users

By

Emily Paulin & Natalie Missakian,

 
AARP
Comments
Published June 20, 2024
/ Updated October 30, 2024
photo of a man in a wheelchair in an airport
Getty Images/AARP

Each year, hundreds of thousands of Americans who use wheelchairs travel by air. Too often, airlines lose or damage the wheelchairs, or the people who use them are injured while being helped on or off a plane.

The U.S. Department of Transportation (DOT) is taking a multi-pronged approach to tackle this long-standing problem, proposing new regulations that establish greater protections for customers with disabilities while also investigating and penalizing bad behavior.

In its latest move, DOT announced Oct. 23 a $50 million fine against American Airlines for repeated violations of laws designed to protect airline passengers in wheelchairs. DOT’s investigation uncovered cases of unsafe physical assistance that resulted in injuries to customers, mishandling and damage of wheelchairs, and failure to provide prompt assistance between 2019 and 2023.

“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.” 

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This landmark fine follows DOT’s efforts earlier this year to protect customers who use wheelchairs as they travel. In February, federal transportation officials proposed a new rule, backed by AARP, that seeks to improve the flying experience for travelers. Under this plan, airlines that damage or delay the return of a wheelchair would be in violation of the Air Carrier Access Act and subject to a fine. It also requires enhanced training for airline employees who handle wheelchairs or assist in the transfer of passengers from a wheelchair to an airplane seat.

More than 11,000 wheelchairs and scooters were mishandled by air carriers in 2023, according to DOT.

“Air travelers with disabilities deserve to fly without fear of injury to themselves or damage to their wheelchairs,” David Certner, AARP legislative counsel and legislative policy director, wrote to Secretary Buttigieg in June. “To achieve that goal, there must be accountability when those standards are not met.”

Protecting passengers with disabilities

The proposed rule, if adopted, would be the biggest expansion of rights for these customers since 2008, according to DOT. At the same time, DOT is investigating U.S. airlines for noncompliance related to disability rights. American Airlines was one of the worst offenders when it came to both the total number and rate of wheelchairs and scooters mishandling claims, the DOT noted.

Of the $50 million penalty, $25 million will go to the U.S. Treasury. The remaining $25 million will be credited back to American Airlines to invest in equipment and systems that reduce wheelchair damage and delays and to compensate customers mistreated between 2019 and 2023.

Typically, passengers using wheelchairs must check their wheelchairs in cargo. Those unable to walk to a seat must be lifted into a narrow chair that fits in the aisle, then transferred from that chair to a seat by airline staff.

Of more than 700 people who were transferred using an aisle chair, 16 percent reported being dropped; nearly a quarter reported being hurt or injured, according to a recent survey done by Paralyzed Veterans of America.

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“It is little wonder that individuals with disabilities report limiting air travel due to these concerns,” AARP wrote in June comments to transportation officials regarding the rule.

The proposed regulations also call for the prompt return of delayed wheelchairs and the timely repair of those that were damaged. The plan would allow passengers to choose their own contractor for wheelchair repairs.

A delay in the return of a wheelchair can have severe consequences for someone with a disability, AARP pointed out. “Loaner devices are unlikely to be customized to the person’s needs and can limit mobility, cause lost wages, reduce access to opportunities, and result in injury or even death,” we wrote in our comments.

Other proposed changes backed by AARP would require airlines to offer timely assistance to people in wheelchairs during boarding, deplaning and connections; to promptly notify travelers when their wheelchair is loaded and unloaded; and to pay for rebooking if a wheelchair cannot fit due to a change in aircraft.

AARP has pushed for laws and policies to improve travel accessibility, including a move by the federal government last year to require accessible bathrooms on single-aisle aircraft.

Read our letter and learn more about flying with a disability. Keep up with AARP’s travel coverage to find more travel tips for older adults.

Emily Paulin is an editor at aarp.org who covers nursing homes, health care, and federal and state policy. Her work has also appeared in Broadsheet, an Australian lifestyle publication.

Natalie Missakian covers federal and state policy and writes AARP’s Fighting for You Every Day blog. She previously worked as a reporter for the New Haven Register and daily newspapers in Ohio. She has also written for the AARP Bulletin, the Hartford Business Journal and other publications.

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