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

Cite as49 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).


(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.

<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>

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