49 USC 41705: Discrimination against handicapped individuals
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49 USC 41705: Discrimination against handicapped individuals Text contains those laws in effect on January 23, 2000
From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart ii-economic regulationCHAPTER 417-OPERATIONS OF CARRIERSSUBCHAPTER I-REQUIREMENTS

§41705. Discrimination against handicapped individuals

In providing air transportation, an air carrier may not discriminate against an otherwise qualified individual on the following grounds:

(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.

(2) the individual has a record of such an impairment.

(3) the individual is regarded as having such an impairment.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
41705 49 App.:1374(c). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §404(c); added Oct. 2, 1986, Pub. L. 99–435, §2(a), 100 Stat. 1080 .

In this section, before clause (1), the words "on the following grounds" are substituted for "by reason of such handicap" and "For purposes of paragraph (1) of this subsection the term 'handicapped individual' means any individual who" because of the restatement.

Restrictions on Air Transportation of Peanuts; Scientific Study on Effect of Airborne Particles on Passengers

Pub. L. 106–69, title III, §346, Oct. 9, 1999, 113 Stat. 1023 , provided that: "Hereafter, none of the funds made available under this Act or any other Act, may be used to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code, including any regulation contained in part 382 of title 14, Code of Federal Regulations, or any other provision of law (including any Act of Congress, regulation, or Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is defined in section 40102 of title 49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 of title 49, United States Code)-

"(1) provide a peanut-free buffer zone or any other related peanut-restricted area; or

"(2) restrict the distribution of peanuts,

until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft."

Similar provisions were contained in Pub. L. 105–277, div. A, §101(g) [title III, §372], Oct. 21, 1998, 112 Stat. 2681–439 , 2681-479.

Section Referred to in Other Sections

This section is referred to in section 41110 of this title.