Position Paper on Amending the Air Carrier Access Act to Allow for Private Right of Action

July 8, 2004

SCOPE AND PURPOSE:

NCD’s interest in amending the ACAA to provide for a private right of action stems partly from the fact that Title III of the Americans with Disabilities Act does not apply to air carriers, as well as the fact that the Department of Transportation (DOT), notwithstanding its more thorough investigation of complaints pursuant to the ACAA’s 2000 amendments, does not have the authority to ensure that victims of discrimination under the ACAA are reimbursed for economic losses or are directly compensated for other injuries. Civil penalties levied against an airline do nothing for the individual who has suffered a loss, economic or otherwise, as a result of discrimination.