OST-98-3623
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OST-98-3623
Paul Tobin and Angelo Bianco against Continental Airlines, Inc.
OST-98-3623 | March 13, 1998
The Complainants charge the above named Respondent, Continental Airlines, Inc., headquartered in Houston, Texas, with unlawful discrimination against otherwise qualified individuals with disabilities, by reasons of such disabilities, in the provision of air transportation pursuant to 49 U.S.C. §41705. The Complainants also charge that the enforcement of the ACAA is in the public interest and in this instance warrants the commencement of a formal enforcement proceeding by the Assistant General Counsel of Aviation Enforcement and Proceedings pursuant to 14 C.F.R. §302.206.
Verification | Attachment 1: Ticket Stub | Service List
Paul Tobin against Continental Airlines, Inc.
OST-98-3623 | April 3, 1998
Answer of Continental Airlines
Unfortunately, despite training, training, and more training, mistakes and accidents will happen when a process requires human participation. For instance, an employees' weight can shift, he/she may lose hislher grip, or lose hislher balance. Any number of things can happen when humans are involved in the lifting process as it is not a perfect science. Unfortunately, at this time, there is no better way to provide the transfer service from aisle chair to wheelchair and back other than by the use of people. The fact that a mistake or accident occurs in the transfer, however, does not mean that Continental has failed to adequately train or that Continental discriminates against these passengers. To the contrary, Continental is proud of its training for serving its passengers with disabilities.
Counsel: Continental, Carson Trapnell
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
August 16, 1999 | Notice of Enforcement Proceedings and Proposed Assessment of Civil Penalties | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Enforcement Complaint | |||
| Appendix A: Verified Complaint of Franz Soni | |||
| Appendix B: Verified Complaint of Paul Tobin and Angelo Bianco | |||
| Appendix C: Verified Complaint of Gerard Kelly | |||
| Service List |
By: Samuel Podbersky, Assistant General Counsel for Aviation Enforcement Proceedings
| OST-97-3287 OST-98-3623 OST-98-4504 |
August 30, 1999 | Continental Airlines Response to Enforcement Complaint Response to Enforcement Complaint | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Verification: Paul Tobin and Angelo Bianco | |||
| Verification: Gerald Kelly | |||
| Verification: Gerald Kelly and Frank Soni | |||
| Verification: Frank Soni Ticket Stub | |||
| Service List |
Counsel: Continental Airlines Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 |
September 3, 1999 | Motion to Correct and Amend Enforcement Complaint and Set Date for Prehearing Conference | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| OST-99-6111 | Order: Enforcement Proceedings | ||
| Attachment: First Amended Enforcement Complaint | |||
| Service List |
By motion dated September 3, 1999, the Office of Aviation Enforcement and Proceedings
(AEP) moved to amend and correct. its Complaint filed in the above dockets on August 16,
1999. An Amended Complaint was attached to the motion. In addition, AEP moved that a
prehearing conference in this case be scheduled for one week following the due date for
the Respondent's answer to the Amended Complaint. The subject motion, offering amendments
-and corrections to the Enforcement Complaint in this Docket, is granted. The respondent
is directed to file an answer to the First Amended Complaint within 15 days of the date of
this order. A prehearing conference is scheduled for seven days following the expiration
of the answer period to the Amended Complaint.
Counsel: Office of Aviation Enforcement and Proceedings, Nicholas Lowry,
202.366.9351
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
September 16, 1999 | Response to First Amended Enforcement Complaint | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
Exhibit A:
Verified Complaint of |
|||
| Exhibit B: Verified Complaint of
Paul Tobin and Angelo Bianco |
|||
| Exhibit C: Verified Complaint of Gerard Kelly |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
October 1, 1999 | Response to Initial Order | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
November 15, 1999 | Continental Airlines' Objections to First Request of Office of Aviation Enforcement and Proceedings for Admissions; First Request of AEP for Production of Documents; and First Set of Interrogatories Objections to First Request of Office of Aviation Enforcement and Proceedings for Admissions; First Request of AEP for Production of Documents; and First Set of Interrogatories | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Certificate of Service | |||
| Verification | |||
| Exhibit A: First Request of AEP; First Request of AEP for Production of Documents; and First Set of Interrogatories | |||
| Attachment A: Complaints Containing Allegations of Inadequate Wheelchair Service | |||
| Attachment B: Strandings | |||
| Attachment C: Correspondence Violations | |||
| Attachment D: Violations of Foreign Itineraries |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
November 23, 1999 | Motion to Dismiss | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Certificate of Service | |||
| Re: Exhibits | |||
| Verified Complaint | |||
| Attachment 1 | |||
| Attachments 2-7 | |||
| Verified Complaint | |||
| Verified Answer |
Counsel: Continental Airlines Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 8, 1999 | Order Granting Motion | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
By: Judge Burton S. Kolko
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 10, 1999 | Motion to Strike or Extend Time to Respond to First Request of AEP for Admissions | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 15, 1999 | Request for Admissions, and Request for Production of Documents | Alleged Unlawful Discrimination Against Qualified Individual
with Disabilities |
| Service List |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 20, 1999 | Reply to AEP's Answer in Opposition to Respondents Motion to Dismiss | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
Counsel: Continental Airlines Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 23, 1999 | Motion to Clarify Procedures | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
By: AEP, Samuel Podbersky, Dayton Lehman, and Nicholas Lowry, 202.366.9351
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 23, 1999 | Motion to Receive Otherwise Unauthorized Document - Surreply | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
By: AEP, Samuel Podbersky, Dayton Lehman, and Nicholas Lowry, 202.366.9351
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
December 27, 1999 | Motion to Stay Proceedings | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
Counsel: Continental Airlines, Carson Trapnell, 713.324.5157
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
Issued January 5, 2000 Served January 5, 2000 |
Order Denying Respondent's Motion to Dismiss | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Service List |
By: Administrative Law Judge, Burton S. Kolko
Continental Airlines, Inc. and Office of Aviation Enforcement and Proceeding
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
February 18, 2000 | Joint Motion | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
By: O.A.E.P., Rosalind Knapp
| Order 00-3-24 OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
Issued March 27, 2000 Served March 27, 2000 |
Consent Order and Order of Dismissal | Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
| Attachment: Payment Form | |||
| Service List |
The Deputy General Counsel and Continental have also determined, on review of all the materials related to this matter, including the three-captioned third-party complaints, the informal complaints received by the Department and the informal complaints received by Continental, that further action by the Department is not warranted. Accordingly, this order dismisses the subject third-party complaints. Although Continental's conduct as described in the formal complaints as well as in other documentation violated certain requirements of Part 382, the Deputy General Counsel believes that those violations are adequately addressed by the settlement reached in this case. In addition, she believes that the incidents in question were limited in number and do not appear to reflect a policy of noncompliance with Part 382 on the part of the carrier. These factors render further action by the Department on this matter not to be in the public interest.
By: Administrative Law Judge, Burton S. Kolko
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