Pjay

Reading about involuntary denied boarding / IDB, I notice that there is a US DOT rule about certain protected classes of passengers who must come last when IDB is necessary. The rule mentions minors and "Qualified Individuals with Disabilities:

2. Boarding Priorities - If a flight is Oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations willingly in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority:
a. Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 5 to 15 years who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship.

What constitutes a Qualified Individual with Disabilities? Is there a definition anywhere - in other words, how is it defined in IDB situations?

Thank you!

Often1

That is a defined term for purposes of commercial aviation in the rules issued by DOT under the ACCA at 14 CFR 382.3:

any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase:

(a)Physical or mental impairment means:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardio-vascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction, and alcoholism.

(b)Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(c)Has a record of such impairment means has a history of, or has been classified, or misclassified, as having a mental or physical impairment that substantially limits one or more major life activities.

(d)Is regarded as having an impairment means:

(1) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by an air carrier as constituting such a limitation;

(2) Has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward such an impairment; or

(3) Has none of the impairments set forth in this definition but is treated by an air carrier as having such an impairment.

Pjay

Thank you very much for having the citation so quickly. I appreciate your time!

FlyingUnderTheRadar

https://www1.eeoc.gov//eeoc/publicat...nderforprint=1

Q. Who is a "qualified individual with a disability?"
A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not necessarily conclusive evidence, of the essential functions of the job.

GregLeg

So to follow up on this, what about a disabled passenger's COMPANION? I know they'll try to not split up families, etc., but that's still possible.

But if a disabled passenger requires a companion, does that mean the companion is also automatically at the bottom of the list?

nmh1204

"mental retardation" is disgusting. They should have worded it differently.

how do airlines know who is disabled, unless it's physical?

fassy

Hmmm, alcoholism counts? So booze up before boarding and never get IDBed anymore???

CDTraveler

So how would you word it in a succinct, readily understood way? Look up the history of the term if you want to understand the situation. When "mental retardation" was coined in medical literature it replaced far more offensive words. Over time it has come to be seen as pejorative, but it's better than what came before it.

Under federal law, it should have been "intellectual disability" - Public Law. 111-256, §2(b)(2), 124 Stat. 2643 (Rosa's Law) was passed in 2010, which requires the elimination of the term "metal retardation" from use in federal regulations. That makes me wonder if the DOT rules quoted above are from an outdated source.

nmh1204

here in the UK, "mental delay" is often used, still not a nice way of putting it but it's better than retardation, that's like being called a retard

CDTraveler

"Mental delay" is not an accurate term in the majority of cases and thus not used in the US. "Delay" suggests that the person might be able to catch up or achieve a higher level of intellectual ability at a future date. Unfortunately for most with intellectual disabilities, while their skill set might increase, their intellectual potential will not.

Giggleswick

Rosa's Law amended specific statutes to replace "mental retardation" terminology, among them sections of the Individual with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973. It was not a directive to eliminate all statutory and regulatory references to the term, which is still in ACCA.

There has been a general effort to change the terminology in federal law and in the law of at least some states; however, the old terminology still lingers. Amending and revising is a lot of bureaucratic work.

BTW, it's hardly the only out-of-date, possibly offensive, terminology that still remains in laws. You'll see "husband and wife" where it should now be "spouses"; or "handicapped persons," not "persons with a disability."

nmh1204

persons with a disability is fine, because it is a disability, it makes you "dis-able" to do things

DoggyDaddy

If I have a handicapped placard does this count as far as denial of boarding is concerned?

DD

nmh1204

from the previously quoted Act, it sounds like it would

Giggleswick

I know. That's what I gave as an example of the newer terminology.