49 U.S.C. § 41705 - Discrimination against handicapped individuals

• Cite as: 49 U.S.C. § 41705

(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 investigate each complaint of a violation of subsection (a).

(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.

Cite as 49 U.S.C. § 41705

Source: 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.

Notes from the Office of Law Revision Counsel

current through 6/13/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>41705</TD> <TD>49 App.:1374(c).</TD> <TD>Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, §404(c); added Oct. 2, 1986, Pub. L. 99-435, §2(a), 100 Stat. 1080.</TD> </TR> </TABLE>

In this section, before clause (1), the words "on the following grounds" are substituted for "by reason of such handicap" and "For purposes of paragraph (1) of this subsection the term 'handicapped individual' means any individual who" because of the restatement.

EDITORIAL NOTES

REFERENCES IN TEXT

The date of the enactment of this subsection, referred to in subsec. (c)(4), is the date of enactment of Pub. L. 106-181 which was approved Apr. 5, 2000.

AMENDMENTS

2003-Subsec. (b). Pub. L. 108-176 substituted "section 46301" for "section 46301(a)(3)(E)".

2000- Pub. L. 106-181 designated existing provisions as subsec. (a), inserted heading, substituted "carrier, including (subject to section 40105(b)) any foreign air carrier," for "carrier" in introductory provisions, and added subsecs. (b) and (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2003 AMENDMENT

Amendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108-176 set out as a note under section 106 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181 set out as a note under section 106 of this title.