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U.S. Code as of:
01/19/04
Section 41705. Discrimination against handicapped individuals
(a) In General. - In providing air transportation, an air
carrier, including (subject to section 40105(b)) any foreign air
carrier, may not discriminate against an otherwise qualified
individual on the following grounds:
(1) the individual has a physical or mental impairment that
substantially limits one or more major life activities.
(2) the individual has a record of such an impairment.
(3) the individual is regarded as having such an impairment.
(b) Each Act Constitutes Separate Offense. - For purposes of
section 46301, a separate violation occurs under this section for
each individual act of discrimination prohibited by subsection (a).
(c) Investigation of Complaints. -
(1) In general. - The Secretary shall investigate each
complaint of a violation of subsection (a).
(2) Publication of data. - The Secretary shall publish
disability-related complaint data in a manner comparable to other
consumer complaint data.
(3) Review and report. - The Secretary shall regularly review
all complaints received by air carriers alleging discrimination
on the basis of disability and shall report annually to Congress
on the results of such review.
(4) Technical assistance. - Not later than 180 days after the
date of the enactment of this subsection, the Secretary shall -
(A) implement a plan, in consultation with the Department of
Justice, the United States Architectural and Transportation
Barriers Compliance Board, and the National Council on
Disability, to provide technical assistance to air carriers and
individuals with disabilities in understanding the rights and
responsibilities set forth in this section; and
(B) ensure the availability and provision of appropriate
technical assistance manuals to individuals and entities with
rights or responsibilities under this section.
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