Categories: Travel News

Canada to Revisit Discrimination Against Large Passengers

The Supreme Court of Canada is forcing the Canadian Transportation Agency to revisit a 2014 decision that Delta Air Lines does not discriminate against “large” individuals. The agency must now re-evaluate a complaint filed on behalf of a flyer who claimed the airline’s large flyer policy went too far.

The Canadian Transportation Agency (CTA) must revisit a four-year-old decision regarding Delta Air Lines’ “large passenger” policy, after the nation’s highest court returned the case for not evaluating all of the facts. The Globe and Mail reports the Supreme Court of Canada returned the decision on a 6-3 vote, and must once again look into the 2014 grievance.

The original complaint was filed by Gabor Lukacs on behalf of a flyer who questioned Delta’s “large individual” policy. After the flyer sent feedback to the airline over sitting alongside bigger people, a customer service representative responded with an outline of their policies.

In the document, Delta noted that their plans may include asking large flyers to move to the back of the aircraft, or take a later flight to comfortably accommodate everyone. In addition, Delta noted that they also suggested flyers of size purchase two seats in order to ensure the comfort of themselves and those around them.

The CTA’s original decision claimed that Lukacs’ grievance was unmerited, because he was not personally affected, nor does the case fit the public interest. The decision went on to say that unless Lukacs was overweight, he could not claim to have been affected.

In the decision, judges wrote that by dismissing this grievance, the CTA has the potential to dismiss “potentially high relevant complaints.” Those on the dissenting side noted in their opinion Lukacs complaint had “no underlying facts, no representative claimants and no argument.” When it is reviewed by the CTA for the second time, the agency must consider every facet of the issue, including that of standing based on the complainant.

This is the second successful appeal of the CTA decision in court. In 2016, the Canadian Federal Court of Appeal upheld Lukacs’ grievance, sending it back to the transportation agency for review. Delta appealed the case to the Supreme Court.

[Photo: Shutterstock]

Article Source
The Jet Set

Recent Posts

Southwest Flight Attendant Sues Airline Over Alleged Failure to Accommodate Pet Allergies

A Southwest Airlines flight attendant is suing the airline for disability discrimination, alleging that it…

2 days ago

FlyerRights Challenges DOT’s Move to Shift Flight Delay Costs to Passengers

US air passenger rights organization FlyerRights filed a lawsuit against the Department of Transportation on…

2 days ago

Kirby Calls Out Aircraft Manufacturers for Slowing New Aircraft Development

United CEO Scott Kirby accused Boeing and Airbus of colluding to avoid investing in new…

2 days ago

TheGO: Sandals Caribbean Cay

Sandals Royal Caribbean is becoming Sandals Caribbean Cay. Explore the reimagined Jamaica resort, its private…

2 days ago

Delta Passenger Kicked Off Flight After Refusing to Swap Seats and Recording Crew With Meta Glasses

A Delta Air Lines passenger was removed from his flight after refusing to swap seats…

1 week ago