Equality of disabled persons: Federal Office of Civil Aviation convicts easyJet
In its decision of December 2011, the Federal Office of Civil Aviation (FOCA) convicted the Swiss subsidiary of easyJet because of its practice towards disabled passengers in wheelchairs. Up to now the airline only transported wheelchair users if they were accompanied by someone. According to the FOCA this contradicts the Federal Act on the Elimination of Discrimination against People with Disabilities (DDA).
The appellant wanted to fly to Geneva to Berlin and back with easyJet Switzerland AG in2009, but because he is confined to a wheelchair easyJet refused to transport him without an accompanying person. No requirements were presented with respect to this person. After unsuccessfully trying to contact the airline, the affected customer along with Integration Handicap lodged a complaint against easyJet with the Federal Office of Civil Aviation for infringing the DDA.
Need to examine each individual case
easyJet’s global practice with regard to wheelchair users corresponds to a breach of the DDA, as the FOCA now states in its decision of 22 December 2011. Even though transport and operational safety might justify that under certain circumstances a wheelchair user can only be transported with an accompanying person, the Federal Office found it disproportionate to request this systematically for every person in a wheelchair. On the contrary, it is rather the duty of the airlines to clarify in each case whether or not transport safety may justify the need for an accompanying person.
easyJet had taken the view that this practise served the disabled passengers from themselves, since according to civil aviation regulations the crew should be able to evacuate its airplane within seconds in the case of an emergency. The appellant, a 33 year-old marathon athlete, had pointed out that with his strong arms he would be able to reach the emergency exits himself in the unlikely case of an evacuation. According to the FOCA decision, a disabled passenger travelling unaccompanied must be able to fasten the seatbelt, to understand the explanations of the crew, to put on the oxygen mask and the life jacket on his own and to reach the emergency exit.
Since easyJet has in the meantime changed its global practice towards wheelchair users, in this respective case the FOCA abstains from ordering measures to abolish this discrimination.
Documentation
- Documentation of the FOCA of 22 December 2011
(pdf, 2 pages in French) - easyJet: Sentence on treatment of wheelchair users
Media release by Egalité Handicap, 09.01.2012 (2 pages, in German)
Update: 18.01.2012
