California Appellate Tracker

Segalman v. Southwest Airlines Co.

August 15, 2018

There is no private right of action for violation of the Air Carrier Access Act of 1986, 49 U.S.C. § 41705, which prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment, although the Department of Transportation has authority to enforce the Act.

Applying Alexander v. Sandoval (2001) 532 U.S. 275’s narrowed test for implying private rights of action from federal statutes, this decision holds that there is no private right of action for violation of the Air Carrier Access Act of 1986, 49 U.S.C. § 41705, which prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment. The Act contains no express provision for a private right of action but instead grants the Department of Transportation authority to enforce the Act and allows concerned individuals to appeal its administrative decisions. The fact that DOT has not been carrying out its duty to investigate the merits of complaints against the airlines (due to a lack of budget and personnel) does not give the courts the power to create a private remedy that Congress chose not to enact.

Ninth Circuit Court of Appeals (Paez, J.); July 23, 2018; 2018 U.S. App. LEXIS 20371

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Segalman v. Southwest Airlines Co.

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