Mgmt 533 Final Paper

1522 Words Jul 7th, 2013 7 Pages
Obese Woman Denied Boarding Saifullah Khan
Embry Riddle Aeronautical University, Worldwide Campus

Abstract

56 year old lady weighing 407 pounds was denied boarding by three airlines. Lufthansa and KLM who were not able to provide a seatbelt for her size, and Delta who did not had a wheelchair capable of handling her weight, to carry her to the aircraft. Due to the kidney failure, she died before she could have arrived home, to get the proper treatment. Now her husband holds these airlines responsible for her death and wants to file the law suit against them. The context in this research paper provided the laws associated to this case and justify whether
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The airlines realize that the accommodation for an obese person leads to numerous safety hazards and violation of regulations per 14 CFR § 121.311 subsection (a)(2) which states that no person can operate an airplane during the takeoff, en route flight, and landing unless there are approved safety belt for separate use by each person available in the airplane (42 USC 12141). Each passenger is required to fasten the seatbelt when the “Fasten Seat Belt” sign is lighted per 14 CFR § 121.317 subsection (f). The person/operator of the plane not following the protocol as stated above and can undergo civil penalties. Pilots for KLM and Lufthansa could not depart without all passengers fastening their seat belts. In order to avoid cancellation of flight or the delays in connecting flights for the other passengers, they made a sound decision by disembarking Vilma. However avoiding departure/landing violation, does not give the airline adequate authority to deprive the passenger off their rights. Prior to 2008 ADA (Americans with Disabilities Act, Public Law 101-336, 1990) did not cover obesity as disability rather it was considered as an addiction of eating food. The phenomenon of being overweight is referred to as morbid obesity (Kluwer, 2012). The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 broaden the definition of disability protection of right and need of special accommodation for disabled persons by introducing

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