C.F.R. » Title 14 » CHAPTER II—OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) › SUBCHAPTER D—SPECIAL REGULATIONS › PART 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL › Subpart B—Nondiscrimination and Access to Services and Information

14 C.F.R. § 382.11

What is the general nondiscrimination requirement of this part?

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(a) As a carrier, you must not do any of the following things, either directly or through a contractual, licensing, or other arrangement:

(1) You must not discriminate against any qualified individual with a disability, by reason of such disability, in the provision of air transportation;

(2) You must not require a qualified individual with a disability to accept special services (including, but not limited to, preboarding) that the individual does not request. However, you may require preboarding as a condition of receiving certain seating or in-cabin stowage accommodations, as specified in §§ 382.83(c), 382.85(b), and 382.123(a) of this part.

(3) You must not exclude a qualified individual with a disability from or deny the person the benefit of any air transportation or related services that are available to other persons, except where specifically permitted by this Part. This is true even if there are separate or different services available for individuals with a disability, except when specifically permitted by another section of this Part; and

(4) You must not take any adverse action against an individual (e.g., refusing to provide transportation) because the individual asserts, on his or her own behalf or through or on behalf of others, rights protected by this part or the Air Carrier Access Act.

(b) As a carrier or an indirect carrier, the assistance you provide with respect to this part must be performed in a safe and dignified manner.

(c) As an indirect carrier, you must comply with §§ 382.17 through 382.157 of this part when providing facilities or services to passengers that would have otherwise been provided by a direct air carrier.

[Doc. No. DOT-OST-2004-19482, 73 FR 27665, May 13, 2008, as amended at 75 FR 44887, July 30, 2010; DOT-OST-2022-0144, 89 FR 102441, Dec. 17, 2024]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2011–2024 · leading case: Nat'l Fed'n of the Blind v. United Airlines Inc., 813 F.3d 718 (9th Cir. 2016).
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Nat'l Fed'n of the Blind v. United Airlines Inc., 813 F.3d 718 (9th Cir. 2016). “14 C.F.R. § 382.11 (a). Gilstrap, 709 F.3d at 1000-01 (all but first alteration in the original).”
Michelle Gilstrap v. United Air Lines, Inc., 709 F.3d 995 (9th Cir. 2013). “14 C.F.R. § 382.11 (a). 7 With respect to assistance moving through the airport, air carriers must “provide or ensure the provision of assistance requested by or on behalf of a passenger with a disability .”
Gill v. JetBlue Airways Corp., 836 F. Supp. 2d 33 (D. Mass. 2011). “not requested by the passenger,” 14 C.F.R. § 382.11 (a)(2); and regulation requiring carriers to make various accommodation equipment available upon request, Id.”
Miller v. Delta Airlines, Inc. (E.D. Mich. 2024). “” 14 C.F.R. § 382.11 (a)(3). As also relevant to Miller’s claims, the regulations state that airlines “must provide services within the aircraft cabin as requested by or on behalf of passengers with a disability,” such as “[i]f there is an on-board wheelchair on the aircraft,…”
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