TRAVELERS WITH SEVERE NUT ALLERGIES MUST BE ALLOWED TO PREBOARD
June 5, 2019
On May 16, 2019, the U.S. Department of Transportation’s (DOT) Office of Aviation Proceedings and Enforcement issued Order 2019-5-12 regarding the rights of U.S. air travelers with severe nut allergies. The Order stated that such travelers are “passengers with disabilities” within the meaning of 14 CFR Part 382, the Department’s regulation mandating nondiscriminatory treatment of passengers with disabilities in air travel. Because some passengers with severe nut allergies must wipe down their seating area to prevent skin contact with allergens, they may require extra time to be seated. If so, they qualify to preboard under 14 CFR 382.93. Carriers should review and update their policies accordingly: if a passenger with a severe nut allergy presents themselves at the gate and asks to preboard to wipe down their seat, the carrier must grant the request.
DOT issued Order 2019-5-12 in response to complaints against American Airlines by an individual disabled traveler and by Food Allergy Research and Education, Inc., (FARE), a non-profit that advocates for individuals with food allergies. Because American Airlines had voluntarily updated its preboarding policy following these complaints, DOT declined to impose any penalties in that case, although it did lead to the publication of a new Departmental policy on the subject.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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