SOUTHWEST SUED FOLLOWING ALLEGED DISABILITY DISCRIMINATION
March 27, 2026
Eckert Seamans has prepared the information in this update for educational purposes only. It does not constitute legal advice nor substitute for legal advice. Neither your receipt of information from this website nor your use of this website to contact Eckert Seamans or one of its attorneys creates an attorney-client relationship, as the firm may, for example, already represent another party involved in your matter. Accordingly, you should not provide confidential information to Eckert Seamans. Persons seeking legal advice should consult a licensed professional attorney in their state. The firm’s Terms of Use, Legal Notice, and Disclaimer detailed herein are expressly incorporated into the Aviation Regulatory Update.
On February 11, 2026, a 64-year-old wheelchair user alleging that she suffers from severe panic disorder, filed a complaint in federal court against Southwest Airlines. The complaint alleges that Southwest refused to provide timely wheelchair assistance, leaving the passenger waiting for a “prolonged” period. According to the complaint, a courtesy cart eventually arrived to transport the passenger with disabilities to her gate and stopped on the way to allow her to briefly use the restroom. The passenger further alleges that the driver left her in the restroom where she was stuck until 10 to 15 minutes before she was scheduled to board her flight. To remedy her damages, the passenger seeks injunctive relief requiring Southwest to implement “reasonable policies, training, supervision, and handoff protocols to ensure that requested assistance is prompt, coordinated, and not abandoned during connections,” and damages for emotional distress, past and future medical and therapeutic expenses, and attorneys’ fees.
As a reminder, U.S. and foreign air carriers subject to 14 C.F.R. 382 are responsible for training and ensuring that contractors provide training to their employees who deal directly with the traveling public. All employees who interact with the U.S. traveling public should receive initial training (recommended 8 hours). Refresher training must be given at least once every three (3) years to maintain proficiency (recommended 8 hours). Complaint Resolution Officials (“CROs”) must receive annual refresher training (recommended 4-6 hours), and new hires should receive training before their employment commences or shortly thereafter. Failure to conduct the required training (and keep records) constitutes a violation of Part 382 and can subject carriers to significant risk of a penalty from DOT. Should you have any questions about, or require, training on Part 382 compliance, please do contact us.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
Share This Post
Authors
