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  1. Topics & Tools
  2. Employment Law & Compliance
  3. Inaccessible Air Travel Hinders Advancement of Employees with Disabilities
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News

Inaccessible Air Travel Hinders Advancement of Employees with Disabilities

October 22, 2024 | Allen Smith, J.D.

A flying airplane with a few clouds.

For many roles, especially in leadership, air travel is vitally important to make professional connections domestically and around the world. But employees who use wheelchairs face many challenges in airline travel, including the possibility of their wheelchairs and scooters being lost, damaged, or even destroyed by airlines, according to a recent white paper from the SHRM Foundation’s Employing Abilities at Work initiative. The aviation sector is responding to these concerns and is increasingly regulated, the white paper notes, but challenges remain for wheelchair users traveling by air.

Damage and Destruction of Wheelchairs

In 2022, the 10 largest U.S. airlines lost, damaged, or destroyed 1.62% of wheelchairs and scooters, or approximately 1,008 each month, according to a report by the Office of Aviation Consumer Protection, part of the U.S. Department of Transportation (DOT).

Last year, 11,527 wheelchairs and scooters were damaged or destroyed by commercial airlines, a number thought to be a significant underrepresentation due to the administrative burden of filing a claim that is placed on the wheelchair user.

Such damage “not only causes harm to wheelchair users’ dignity and independence, but also curtails their workforce participation and productivity,” the SHRM Foundation white paper said.

A 2024 survey by The Century Foundation found that about 70% of travelers with disabilities “passed up on airline travel in the previous years due to accessibility concerns.”

Reasons included concerns about:

  • The handling of their wheelchairs.
  • The inability to access restrooms on the aircraft.
  • The lack of adequate training for some airline staff and contract workers.

Meanwhile, 26% of business trips span 250 miles or more, the DOT’s Bureau of Transportation Statistics estimates, and such trips frequently are by air.

While companies often absorb the cost of wheelchair repairs or short-term rentals, this unexpected expense can put pressure on budgets, the white paper noted.

The inability to reliably and safely travel is also one reason there aren’t more people with disabilities in leadership roles, the white paper said: “When an employee with a disability is unable to travel to be in person with their team, these leadership accelerators are significantly chilled.”

Increased Regulation of Airlines

Airlines are facing additional regulation to improve access for travelers who use wheelchairs. In July 2023, Transportation Secretary Pete Buttigieg announced a rule requiring new single-aisle planes with at least 125 seats to have accessible lavatories. The requirement for at least one accessible lavatory will apply to planes ordered 10 years or delivered 12 years after the rule takes effect this fall, except for future models of planes, which will have to comply within one year.

The white paper also noted that on May 16, President Joe Biden signed the Federal Aviation Administration (FAA) Reauthorization Act of 2024, extending FAA authorities and funding through 2028. The law, which had bipartisan support, was one of the most significant efforts by Congress to protect the rights of travelers with disabilities in more than a decade, the white paper said.

The law has many provisions that address accessible airline travel, including:

  • A new airport accessibility grant program to help airports make facilities more accessible.
  • A requirement that the FAA study aircraft evacuation and an expert panel evaluate gaps in current standards and procedures and make recommendations. The FAA must initiate a rule on recommendations the FAA administrator deems appropriate.
  • The MOBILE Act, which requires air carriers and foreign carriers to publish information related to powered wheelchairs, including the dimensions of aircraft cargo holds, to issue refunds if passengers cannot fly due to their wheelchairs no longer fitting in the cargo hold, and to take actions toward making in-flight wheelchair seating available.
  • A requirement that the secretary of Transportation establish an optional Known Service Animal Travel Pilot Program.
  • A requirement that airlines provide information on their websites regarding the rights and responsibilities of both airlines and passengers about the availability of onboard wheelchairs.
  • A requirement that the secretary of Transportation issue regulations that ensure customer-facing websites, applications and kiosks in an airport, foreign air carrier, or domestic air carrier are accessible.
  • A requirement that the DOT publish an annual report on how quickly, effectively, and efficiently consumer complaints related to traveling with a disability are received, addressed, and resolved.
  • Ability for passengers with disabilities to request seating to accommodate disability-related needs, such as being close to a restroom, being seated with a companion or assistant, or having more legroom.
  • Required training for airline staff on safely storing wheelchairs and scooters to avoid leaving fliers with disabilities with damaged or broken mobile assistance.

“Accessible airline travel provides an unfettered opportunity for talent with disabilities to travel without unjust burden, allowing them and their employers to optimize their professional trajectories,” the white paper said. “Eliminating damage to scooters and wheelchairs alone would negate the pull for professionals away from their careers, as well as the business strain that corporations absorb in the form of lost productivity when employees’ mobility is thwarted.”

Disability Accommodations

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