The U.S. Department of Transportation (DOT) has assessed a civil penalty of $500,000 against AirTran Airways for violating rules protecting air travelers with disabilities.
The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed. DOT found several violations of the requirement for boarding assistance. In addition, the carrier’s complaint files showed that it frequently did not provide an adequate written response to complaints from passengers.
21 comments:
Under the Air Carrier Access Act of 1986, passengers with disabilities are protected from discrimination against not receiving the proper assistance to facilitate their air traveling. The U.S. Department of Transportation (DOT) did great to penalize AirTran Airways for violating this Act. In return, the airline should revisit their strategic plan when dealing with passengers with disabilities. As more people with disabilities (PWD) are receiving access to rehabilitation and devices/tools that they need to function independently, many are relying on traveling by airplane to get to their destinations. As supported by the Mobility International USA organization website (2010), “Subsequent amendments to the ACAA set standards for topics including boarding assistance via lift devices for smaller aircraft, where level entry boarding is unavailable, seating accommodations for passengers with disabilities, reimbursement for loss of or damage to wheelchairs, terminal accessibility, and more. As a result, air travel for people with disabilities has become more accessible.” It is very good news that more opportunities are being present to PWD when air traveling, but not following through with these facilitations holds back the purpose of wanting to make the air traveling experience more easy. The case with this airline may have been not attempting to prepare and plan how often PWD travel, what necessities are required, and what actions must be taken if faced with a challenge. As a result, the airline now faces a violation penalty. Furthermore, there is evidence that passengers have been keeping up with the airline’s poor service by inputting their written responses. The airline again proved unorganized by never responding. Or the main representative manager is too busy attending other businesses to not review its own airline company’s reports, or the airline staff is not working as a whole to permit for penalties or violations to be avoided. I strongly believe further investigation should be done and that a public apology should be sent to each passenger, all while the airline publicly posts how and what they are going to do to make sure this lack of service does not continue. This way, they are held accountable and future passenger, with or without disabilities, can believe that traveling through airplane is up to date with proper services.
Reference:
Mobility Internation USA
http://www.miusa.org/ncde/tipsheets/airlinetips
Reading this makes me question why this is the only company facing fines for these violations when several other airlines operate exactly the same. The fine given by the DOT was hopefully a wake-up call to other agencies to shape-up their customer service duties. Many of us who have been on an airplane can easily see that the attendants work in tight and uncomfortable conditions. These employees may be thinking about so many things prior to take off that simple but important things (like assistance to those who need it) slip out of their minds. We also have to keep in mind that flight attendants/crew may feel its best to provide assistance when requested as opposed to jumping the gun and assume help is needed which may potentially make a person feel offended. I agree with some punishment in the fact that there were written complaint files that were yet to be responded to. Companies ask for written feedback so it is only fair they respond.
The U.S. Department of Transportation (DOT) fined AirTran Airways $500,000 for violating the rights of persons with disabilities. According to www.airtran.com/special_needs_information, if there is a person requiring boarding assistance or wheelchair accessibility, they need to inform the airline ahead of time so that they can make the needed accommodations. Even though the website states all the rights that a person with disabilities has, AirTran Airways failed to provide the service. In my opinion, the fine amount of $500,000 was appropriate. In today's economy, $500,000 might be a lot of money for the airline company to lose. With this penalty, perhaps they will make the proper adjustments and accommodations for persons with disabilities. Cases such as this, prove the importance of having the Air Carrier Access Act of 1986. It is a way for airline companies to provide equal opportunities and accessibilities to persons with disabilities. Stating the rights that a person with disabilities has on their website does not do justice for the individual. Actually providing the service does.
AirTran is only one of many violators of the Air Carrier Access Act of 1986, however they were the only one to be cited this time around. Air travel for people with disabilities can be very stressful for the person traveling. Air travel is stressful enough as it is. With security requirements getting more rigid by the minute, air travel is not what it was 10 years ago. Therefore, the airlines should take extra precaution in understanding and abiding by the rules and regulations set forth in the Air Carrier Access Act of 1986. People with disabilities are at a greater risk of being treated unfairly simply as a result of the strict guidelines that are set by TSA. AirTran should be fined for discrimination against persons with disabilities. When it comes down to it, they are passengers too, and should be treated with the same consideration as everyone else on that airplane. Unfortunately, I have personally seen a change in the attitudes of flight personnel. I cannot explain why this is the case, but it is. First and foremost, all airlines need to remember that they are in the service business. They are providing a service for travel. They must not forget that abiding by rules and regulations as to the treatment and aid of persons with disabilities is part of that service.
In my opinion I think it is good that the Department of Transportation is putting fine AirTrain Airways for discriminating people with disabilities. People with disabilities should have access to airlines and be provided with assistance while boarding an airplanes. There have been times that they are left in the plane after landing. This should not be happening and those that are violating the law should be penalized. Now that there is a $500,000 fine for not providing the appropriate accommodations, hopefully a change can be seen. It is sad to see that there should be a monetary penalty put out there so that the companies could stop doing this because it should be that way.
It is really upsetting to hear that people continue to violate the rights of individuals with disabilities. I mean we have come a long way since these individuals have been given their proper rights haven’t we? Why is it then that individuals continue to violate those rights? I am really glad to hear that the U.S. Department of Public Transportation is placing a fine of 500,000 dollars on Air Tran for violating the rights of individuals with disabilities, maybe now they will think twice about violating the rights of anyone. It has been years since legislation has passed laws in order for any public place to meet the ADA requirements and it’s a shame that these laws are not being implemented everywhere. I myself have been to public places where it is obvious that the ADA standards are being violated. It’s a true shame that people who have disabilities are not able to go to a certain restaurant or any public area in general just because that place is violating ADA standards.
That is a disgrace that people with disabilities are getting treated like second hand citizens, by airline carriers. This is an incident that I had never really been aware of until I read it on this blog. But I was able to ask a friend who has a disability for some insight he flies to Canada often to visit family members. He uses a cane to assist him, and he mentioned that when he goes to the airport, they rarely ask him if he requires assistance, he says it is only on occasion or if he mentions something. Also I think that for the most part being in large airports like Chicago O’Hare or LAX, is an inconvenience for people in general. These airports require travel from one departure area to another, and sometimes there are time constraints. So I think that people with disabilities should be given all accommodations necessary, and agencies like the ones mentioned should not only be fined but suspended and not allowed to provide services for some time.
From my understanding, AirTran Airways has been in operation since the early 1990's. According to the companies history page, "The airline has won the top spot for low cost carriers in the coveted Airline Quality Rating (AQR) study for 2008 and 2009 and was the recipient of the prestigious Market Leadership Award from Air Transport World in 2010. You would think that such an award would encourage and gear their success with the services provided to all passengers. I am confident that Air Tran will pay the $500,000 civil penalty in conjunction with a plan of action to provide equal treatment for passengers with disabilities. I am hoping that AirTran will market their leadership with respects to persons with disabilities.
I am glad that justice is being done. It seems like businesses time and time again believe that they can get around laws that protect minorities like people with disabilities. I dont think that there is a reason as to why there would not be proper accomodations made for those with disabilties on air craft carriers regardless of the carrier or brand of airlines people fly in. Flying is already pricey and can get expensive to those who fly frequently and to those who are required to fly often because of their job or career. Being that the aircraft/airlines industry is a successful one and has brought in a high amount of revenue, I feel that they would know better. I guess we as rehabilitation counselors will have to be on top of these things whether we have a disability or not. I know I already most of the time unconsiously look around shopping malls, airports, restaurants and other entertainment/amusement parks, post offices and any place I come into for proper accomodations and eventhough our country has gone a long ways in accomodating, there still is a lot more work to be done with accomodating people with all sorts of disabilities.
Heather B.
The Air Carrier Access Act of 1986 is a just law that will definitely stand the test of time. However, we must remain vigilant with its enforcement. If given the opportunity, large corporations such as AirTran Airways will thoughtlessly infringe on these protections. We must speak out, just as those who complained about the carrier did. Secondly, we must not hesitate to inform the U.S. Department of Transportation of any unaddressed violations. Lastly, the media should be encouraged to inform the public. The civil penalty in this case is a small price to pay for such a blatant disregard for the law. If it were up to me, I would significantly increase the civil penalty for such violations. Corporations such as AirTran Airways do not understand the importance of addressing passenger complaints. Corporations understand the bottom line (profit). Thus, civil penalties that are proportionate to the corporation’s financial assets will undoubtedly deter future offenses. Many people wish we could completely prevent violations of these protections, but the reality is that we can only deter these offenses by supporting people with disabilities who seek justice and the US Department of Transportation.
It is very discouraging that in this time in our country people with disabilities still have to overcome everyday obstacles such as traveling by plane. What is even more sad is that their complaints are being set aside as if their issues are not of importance. I'm glad that there are agencies that oversee incidents like this to impose consequences on these companies.
-Anna Lee Ocanas
Medical Aspects of Disability online class
It is very discouraging that in this time in our country people with disabilities still have to be treated in such a negative manner and their complaints not even being acknowledged. The laws are passed for a reason and accommodations are usually not taken seriously or company employees don't abide by the law because of mere inconvenience to them. It is fortunate that there are agencies to oversee such violations and follow through with negative sanctions.
I believe the fine levied against AirTran to be appropriate and just for their disregard of policies established by the U.S. Department of Transportation. Great job by the DOT in facilitating the regulation set forth to protect the liberties of persons with disabilities. The majority of clients servicing this air carrier are not PWD; regardless of this statement they have the right to the least restrictive environment concerning all aspects of community, including transportation.
I think airlines or any other transportation companies should be fined for not complying with policy regarding providing accomodations to people with disabilities. So what was done by The Department of Transportation (DOT) was to set an example to other companies who do not follow the correct procedures.
Many times I have traveled by plane and I have noticed that although airline staff are "nice" to people with disabilities, many times they ignore their most basic needs. Appropriate acccess to and from their wheelchairs and assistance with other needs are oftern neglected by them. Many times, they only focus on helping people board the plane but forget about them once in the plane. I guess they think that these wheelchair users only need help boarding, and they do not think about toileting and other needs.
I am glad that DOT fined this company and I think that companies should frequently get staff development in the areas of accomodating for PWDs, especially in ADA issues. It has been around 20 years that ADA was implemented and it is very sad that we still have to deal with these types of issues.
As i read through an overview of the Act it reports that its regulations have changed a number of times. With this in mind, I wonder if airline staffs go through a type of orientation to know the changes that have been implemented in this act. I also noticed that its regulations apply also to foreign carriers. Unfortunately as we know, there are many countries who are way behind when it comes to the world of disability. Hopefully, we will see countries become more aware of disability needs and also see people of our own country respect and adopt these regulations by being informed. On a personal note, a few months ago I traveled out of the state on Continental Airlines. On our way to our destination a passenger suddenly got ill (through 'informative' means I found out the passenger had diabetes). There was an immediate response from the plane attendants and stayed by the passenger the for the remaining of the flight. When we arrived to the next airport, we were informed that an ambulance was awaiting for the emergency and we needed to stay behind to give the passenger priority to be the first out. Perhaps that is why Continental is one of the more expensive airlines...sad but perhaps true.
It is sad that Air Tran is not providing the assistance required by clients with disabilities. Independently of the Air Carrier Access Act of 1986, which mandates airlines to provide assistance to people with disabilities, companies offering services to the public should consider the needs of their clients including the ones with disabilities. I haven’t used the services of Air Tran myself. However, when I have flown with other airlines, I have seen that they provide assistance to people with disabilities. Any way, what I have seen is not really relevant. It would be important to hear the opinion of people with disabilities who have used those services.
I. Corbi
Air travel is uncomfortable for all, but there is absolutely no need to place a bigger burden on PWD. Understandably, many things have changed since the 9/11 terrorist attack, but laws such as Air Carrier Access Act make it legally binding to accommodate PWD. Any such violation should be penalized to the full extent of the law in order to send a message to the other air carriers in violation.
The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities providing the necessary minimum flexibilities in boarding and deplaning aircraft. Passenger with disabilities sometimes use wheelchairs then they need ramps or mechanical lifts, DOT found several violations of the requirement for boarding assistance. All the airlines need to adapt their airplanes and waiting room areas for people with disability
I think this fine is appropriate because we should follow the laws. The airlines should not discriminate against people with disabilities. Like Eliana I also traveled in Continental Airlines and saw the adequate attention given to a person with a disability. She was provided with a wheelchair and boarded the plane first. A flight attendant was with her through the boarding and unboarding of the plane. I think that is great for people with the disabilities.
Melchora Gracia
Great job DOT! Some may feel that the fine imposed may not have been harsh enough but that aside I am more than sure those issues are now being looked at closely. The Air Carrier Access Act of 1968 protects passengers with disabilities from discrimination against not receiving the proper assistance throughout their air travel and that certainly was the case here. Again it's unfortunate that some form of complaint, legal or not, had to be done in order for actions to take place. Another thing that can be made sure of is that other companies stepped up to the plate to make sure they were not slapped with a fine and brought their services up to par.
I'm curious as to how this may also relate to obese people. They are often required to purchase two seats because of safety reasons and that, to me, may be a form of discrimination. Should they also be allowed to board the plane sooner than all others?
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