Airlines call new protections “unlawful.”
Last year, the Department of Transportation (DOT) expanded the rights of passengers with disabilities in what was hailed as the “biggest expansion of rights for passengers with disabilities in a generation.” Now Delta, American Airlines, JetBlue, Southwest, and United, along with the lobbying group Airlines for America (A4A), are challenging these protections.
The five airlines partnered with A4A to file an appeal in the 5th U.S. Circuit Court of Appeals against one section of the rule they deem “unlawful.”
DOT clarified in the new rules that mishandling wheelchairs and assistive devices, as well as providing unsafe or undignified assistance, constitutes discrimination based on disability. The rule also states that if a wheelchair or assistive device is not returned in the same condition, “there is a rebuttable presumption that the airline mishandled the passenger’s wheelchair or other assistive device.”
However, A4A has argued that circumstances beyond airlines’ direct control, such as turbulence, should not be categorized as discrimination. A4A called the rules an overreach and said in a statement, “Progress has been made in four key areas aimed at improving the travel experience for passengers with mobility aids—reducing instances of wheelchair mishandling, advancing employee training and education programs, forming passenger accessibility advisory groups and supporting research for onboard accessibility solutions.”
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According to DOT, around 5.5 million Americans use a wheelchair. However, flying with a wheelchair remains challenging for passengers. About one in 100 wheelchairs or scooters are delayed, damaged, or lost on domestic flights in the U.S. Mobility devices are not luggage—they are essential for passengers who are disabled. After her wheelchair was damaged on a flight, Teresa Nguyen told USA Today, “I’d really like that to be recognized, that it’s not property damage, it’s like an injury to me.”
In October last year, DOT fined American Airlines $50 million for violating the rights of passengers with disabilities. The fine followed multiple complaints of mishandling and damaging wheelchairs or delaying their return. The airline consented to the fine without admitting wrongdoing.
Under the rules that took effect on January 16, 2025, DOT will hold airlines more accountable to passengers with disabilities. The regulations require airlines to train employees annually on assisting wheelchair users and handling their wheelchairs and scooters. They also include provisions on how wheelchairs should be handled, specifying prompt return of mobility devices, repair if they are damaged, and loaners in case of delay or damage. Airlines must also compensate passengers for ground transportation costs and notify them when their wheelchairs are loaded onto the aircraft. Additionally, airlines are required to inform passengers of their rights and how to file complaints in case of a mishap.
Violating these passenger rights and failing to provide a safe space for those with disabilities will result in fines. Last year, former Secretary of Transportation Pete Buttigieg said, “Every passenger deserves safe, dignified travel when they fly—and we’ve taken unprecedented actions to hold airlines accountable when they do not provide fair treatment to passengers with disabilities.”
The Biden administration also introduced another policy favoring passengers and customers, requiring airlines to display all costs, including baggage fees and cancellation charges, on the first page of booking. Airlines and A4A sued the department in May to block this junk fees transparency policy.
Related: Airline Criticized for Lack of Onboard Wheelchair After Passenger Crawls to Lavatory
