Security vs. Accessibility: Are TSA Mandates Discriminating Against Disabled Passengers?

Navigating airport security is a necessary but often stressful part of air travel. For passengers with disabilities, however, the Transportation Security Administration’s (TSA) security mandates can present unique challenges, sometimes leading to feelings of discrimination. In 2024, the TSA Contact Center received 3,711 complaints from passengers with disabilities and medical conditions alleging disability-based discrimination during the security screening process, highlighting the ongoing tension between security and accessibility. Are TSA mandates inadvertently discriminating against disabled passengers, and what recourse do travelers have?

Understanding the Legal Framework

Several laws and regulations aim to protect the rights of disabled passengers during air travel:

The Air Carrier Access Act (ACAA): This act prohibits airlines from discriminating against passengers with disabilities. It mandates accommodations such as assistance with boarding and deplaning, and seating arrangements that meet specific needs. The ACAA applies to any airline flying into or out of the United States.
The Americans with Disabilities Act (ADA): While the ACAA focuses on airlines, the ADA covers various aspects of airport architecture and services. It ensures that airport facilities, services, and policies are accessible to individuals with disabilities.
The Rehabilitation Act of 1973: Similar to the ADA, this act prohibits discrimination based on disability in programs conducted by federal agencies or receiving federal funding.
The FAA Reauthorization Act of 2018: This act includes a “bill of rights” for passengers with disabilities, emphasizing timely assistance, accommodations, and respectful treatment by TSA personnel.
The TSA Modernization Act: Requires TSA to make improvements in screening individuals with disabilities. These improvements include revisions of training requirements for Transportation Security Officers (TSOs), development of best practices based on complaint trends and accommodation requests, placement of signs at major airports which provide contact information for the appropriate employees designated to resolve disability-related complaints that arise from the screening process.

Common Challenges Faced by Disabled Passengers

Despite these legal protections, disabled passengers often encounter difficulties during TSA screenings:

Invasive Screening Procedures: Passengers in wheelchairs may undergo full-body pat-downs if they cannot walk through metal detectors. These pat-downs can feel invasive and may not always be conducted respectfully.
Mobility Aid Inspections: Wheelchairs, scooters, and other mobility aids are subject to inspection, including seat cushions and non-removable pouches. These devices may also be tested for traces of explosives.
Communication Barriers: Passengers who are deaf or hard of hearing may face communication challenges with TSA officers, potentially leading to misunderstandings or delays.
Lack of Awareness: Some TSA agents may lack adequate training on how to interact with and assist passengers with various disabilities, resulting in insensitive or inappropriate behavior.
Damage to Assistive Devices: A recurring issue is the damage to wheelchairs and other assistive devices during transport, impacting the passenger’s mobility and independence upon arrival.
Medically Necessary Items: Passengers may face scrutiny regarding medically necessary liquids, gels, and aerosols, causing delays and anxiety.

TSA Initiatives and Resources

The TSA has implemented several initiatives to improve the screening experience for disabled passengers:

TSA Cares: A helpline (855-787-2227) that provides travelers with disabilities and medical conditions with information about screening policies and procedures. Passengers can also request assistance from a Passenger Support Specialist (PSS) at least 72 hours before their flight.
Disability and Medical Conditions Coalition: TSA engages with this coalition of over 450 organizations to identify gaps and barriers to access for travelers with disabilities.
Training and Development: TSA updates training materials for Transportation Security Officers (TSOs) based on complaint trends and accommodation requests.
TSA Notification Card: Passengers can use this card to discreetly inform TSA officers of their disability or medical condition and any specific needs they may have.
Persons with Disabilities Working Group (PWDWG): TSA established a Persons with Disabilities Working Group (PWDWG) under the Aviation Security Advisory Committee (ASAC). The ASAC advises the TSA. Administrator on aviation security matters, including development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security.

Addressing Discrimination and Seeking Recourse

If a disabled passenger believes they have been discriminated against during a TSA screening, they have several options:

Request to Speak with a Supervisor: At the checkpoint, passengers can request to speak with a TSA supervisor to address their concerns immediately.
File a Complaint with TSA: Passengers can submit their concerns to the TSA Contact Center online or by phone (+18662899673).
Contact the Airline’s Complaint Resolution Official (CRO): Airlines are required to have a CRO available at each airport they serve to resolve disability-related issues.
File a Complaint with the Department of Transportation (DOT): Passengers can file a complaint with the DOT’s Aviation Consumer Protection Division online or by mail.
File a Civil Rights Complaint: If passengers feel they’ve been discriminated against by TSA, they may file a TSA Civil Rights Complaint.
Contact the EEOC and file an ADA complaint: The EEOC will send them a letter to try to deal with the situation. If the airline does not answer the letter, you will receive a “Right to Sue” letter and you take that to an ADA Attorney and file your case.
Consider Legal Action: In cases of egregious discrimination, passengers may consider consulting with an attorney to explore legal options under the ACAA, ADA, or other applicable laws.

Advice for Travelers with Disabilities

To minimize potential issues during TSA screenings, consider the following:

Plan Ahead: Contact TSA Cares at least 72 hours before your flight to request assistance and discuss any specific needs.
Arrive Early: Allow extra time for the screening process, as accommodations may take additional time.
Communicate Clearly: Inform TSA officers of your disability and any assistance you may require. Use the TSA Notification Card if you prefer.
Know Your Rights: Familiarize yourself with the ACAA and other relevant laws to understand your rights as a disabled passenger.
Be Patient and Polite: While it’s essential to advocate for your rights, remaining calm and courteous can help facilitate a smoother screening process.
Document Everything: Keep a record of your travel itinerary, any interactions with TSA personnel, and any incidents that occur during the screening process.

Conclusion

The TSA faces the ongoing challenge of balancing security mandates with the need to provide accessible and respectful screening procedures for disabled passengers. While progress has been made through various initiatives and resources, complaints of discrimination persist. By understanding their rights, planning ahead, and advocating for their needs, disabled passengers can help ensure a more equitable and dignified travel experience. If discrimination occurs, it is crucial to report the incident and seek appropriate recourse to hold responsible parties accountable and promote systemic change.