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Disabled Worker Refused Flight

September 25th, 2007 Posted by Amelia

A recent incident in Jacksonville, Florida highlights a nationwide concern for employers. In June, Andy Gates purchased a U.S. Airways ticket from Florida to Milwaukee. When he arrived at the gate on the departure date, airline employees refused to allow Gates to board the plane. Employees said that because Gates was in a wheelchair, he was too disabled to fly. Airline employees told Gates that he needed to bring a nurse to assist him in case of any emergency, or to remain on the ground.

Gates has flown at least 7 times by himself in the past without incident. Several of those flights were on U.S. Airways. He has a neurological disorder that requires him to us eth wheelchair, but describes himself as very self-sufficient and independent. He says he filed a suit against the airline to ensure that no traveler ever faces discrimination based on a disability again.

“I was humiliated and frustrated,” Gates says of being turned away at the gate, in front of a long line of passengers. “There are no words to express how I felt that day.” Gates’ experience seems the antithesis of the U.S. Airways customer service policy. According to the company website, “Customer service has always been a priority at US Airways, and we are committed to making every flight count for our valued customers.” The company has almost 4,000 daily departures in the U.S.

Gates bought the first available ticket on another airline and flew to Wisconsin a few days later with no problems.

This incident serves as an important reminder to employers that both employees and customers with disabilities must be accommodated.

Under the Americans with Disabilities Act of 1990, or ADA, employers cannot discriminate against disabled employees in hiring, promotions, pay or termination. The court ruled that the repeated taunts, teasing and name-calling created a “hostile work environment” for the disabled employee.

Under the ADA, employers must make reasonable accommodations for employees with a disability. Reasonable accommodations might include providing a phone with a volume control for a hearing impaired employee, or a ramp for a wheelchair employee. In this case, reasonable accommodations were not the issue – childish insults were.

The ADA was enacted on July 26, 1990 and prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

“All individuals deserve the freedom to compete and advance in the workplace on a level playing field — including individuals with disabilities.” According to EEOC Supervisory Trial Attorney Suzanne M. Anderson. “Employers should proactively prevent disability discrimination by putting policies and procedures in place to ensure that employees and managers clearly understand and abide by the letter and spirit of the law.”

Disability discrimination is more common than most people realize. Since 1992, the EEOC has received more than 235,000 complaints alleging disability discrimination. The EEOC has filed more than 700 lawsuits and obtained just over $665 million for disabled employees.

The ODEP is the nation’s first assistant secretary-led office that specifically addresses policies that impact the employment of people with disabilities.

In recent years, the ODEP has developed innovative methods for the 3,500 One-Stop Career Centers nationwide to serve people with barriers to employment, including individuals with disabilities. It has established DPNs, or Disability Program Navigators,

The Office of Disability Employment Policy provides national leadership by developing and influencing disability-related employment policy as well as practice affecting the employment of people with disabilities. Its vision is “A world in which people with disabilities have unlimited employment opportunities.”