Managing a Dispute

In the event of a disability-related issue, as an air carrier personnel, you are required to provide assistance to the extent of your ability to resolve the issue.

If you are not able to adequately address the issue, you are required by federal law to identify the employee at the airport who has the ability to properly resolve the issue, which is typically a complaint resolution official (CRO).

Passenger Claim or Passenger Complaint?

When a passenger with a disability submits a claim (or when a claim is submitted on behalf of a passenger with a disability) to an air carrier for damage that occurred to an assistive device while it was under the carrier's control, the carrier must determine whether the claim is also a complaint for purposes of 14 CFR Part 382. Specifically, a passenger claim also constitutes a complaint according to 14 CFR § 382.157, if the passenger's claim is a specific written expression of dissatisfaction concerning a difficulty associated with the person's disability, which the person experienced when using or attempting to use an air carrier's or foreign carrier's services.

Additionally, under 14 CFR § 382.155, carriers must make a dispositive written response to a written disability complaint within 30 days of its receipt. The response must specifically admit or deny that a violation of 14 CFR Part 382 has occurred. Further, if the carrier admits that a violation has occurred, it must provide the passenger with a written statement setting forth a summary of the facts and the steps, if any, the carrier will take in response to the violation. If the carrier denies that a violation has occurred, the carrier's response must include a summary of the facts and the carrier's reasons, under 14 CFR Part 382, for the determination. Finally, the carrier's response must also inform the complainant of his or her right to pursue DOT enforcement action under this part.