[nfb-db] [nfb-talk] Fw: Air Canada handed fine for discrimination

[tribble]

I know this is a Canadian company but thought it was pertinent to the 
list. I know a lot of blind passengers who fly on their own, but they 
are only blind and have no hearing or walking issues.
See below.
--le

----- Original Message -----
From: Gianfranco Di Cosmo
To: Undisclosed-Recipient:;
Sent: Monday, January 26, 2009 7:58 PM
Subject: Air Canada handed fine for discrimination




VANCOUVER -- The Canadian Human Rights Tribunal has ordered Air 
Canada (TSX:AC.A) to pay a deaf and partially blind Vancouver man 
$10,000 for insisting he fly accompanied when he wanted to fly on his own.

However, the tribunal did not order the airline to automatically 
allow Eddie Morten to fly unaccompanied. Instead, it said the airline 
should give him an individual assessment of his abilities before 
making any decision as to whether he can fly alone or not.

"Mr. Morten's complaint is substantiated," said the decision released Monday.

The discrimination came in denying him the right to have his level of 
self-reliance assessed in a fair manner, the tribunal found.

"It is impossible to say with sufficient certainty that if he were 
assessed properly, his communications and mobility capabilities would 
be sufficient to put him on a par with the risk profiles of other 
passengers whom Air Canada currently allows to fly unaccompanied," 
said the decision.

Morten is deaf, blind in his left eye and has limited vision in his right.

But with the help of a guide dog, the man in his mid-40s uses public 
transit, takes taxis and has two sons that he has fully participated 
in raising, noted the tribunal decision.

"He believes that he is capable and able to manage his life 
independently. He is very proud of having achieved this," the decision said.

In August 2004, Morten asked his travel agent to book a flight from 
Vancouver to San Francisco.

Morten wanted to travel independently but the airline reservations 
agent told his travel agent that he would need to fly with an 
attendant because of his disability. The reservations agent said Air 
Canada could offer a discounted fare.

The Canadian Transport Agency dismissed a separate complaint by 
Morten but the decision by the three-member panel of the federal 
human rights tribunal upheld the complaint.

In the United States, it noted, deaf and blind passengers are 
permitted to travel alone as long as they have some means of 
communication with attendants "adequate to permit transmission of the 
pre-takeoff safety briefing."

The tribunal cited a decision by the U.S. Department of 
Transportation that found deaf and blind passengers don't need to be 
able to hear commands such as "brace" or "this way out" in order to 
comply with them.

"They can respond appropriately to environmental cues such as the 
violent movement or jarring of the aircraft, smoke or rushing air. 
Movements of other passengers would also assist the deaf/blind in 
coping with an emergency," said the tribunal decision.

The decision notes that there are other passengers with "comprised 
mobility" allowed to fly unaccompanied.


"The fact that in emergency situations, many able-bodied passengers 
are unable to receive, process and act on safety-related emergency 
instructions."

The tribunal ordered Air Canada to pay Morten $10,000 for injury to 
his dignity and gave the airline four months to develop a policy for 
assessing the safety risk of disabled passengers.





The Canadian Press


Posted at 2009/01/26 19:56:48

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Gianfranco Di Cosmo

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