Segalman v. Southwest Airlines Co., No. 17-15196 (9th Cir. 2018)
Annotate this CaseThe anti-discrimination prohibition in the Air Carrier Access Act of 1986 (ACAA) is not enforceable through an implied private cause of action. The ACCA prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment. The Ninth Circuit affirmed the district court's dismissal of plaintiff's claim against Southwest that alleged a violation of the ACCA. The panel joined the Second, Fifth, Tenth, and Eleventh Circuits in concluding that, in light of the ACAA's statutory structure, Congress did not intend to create a private cause of action under the ACAA. Therefore, plaintiff's claim was properly dismissed.
Court Description: Air Carrier Access Act The panel affirmed the district court’s dismissal of a claim under the Air Carrier Access Act of 1986, which prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment. Joining other circuits, the panel held that the ACAA’s anti-discrimination prohibition is not enforceable through an implied private cause of action.
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