OST-98-4504
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OST-98-4504
Gerard Kelly against Continental Airlines, Inc.
| OST-98-4504 | September 25, 1998 |  Complaint |
Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
The Complainant alleges that the Respondent and the Respondent's employeesdiscriminate against people with disabilities by refusing to stow Complainants wheelchair inthe designated area, in violation of 14 C.F.R. §382.41(e)(2). The Complainant also alleges that it is the practice of the Respondent to discriminateagainst people with disabilities by failing to adequately educate its employees with regard tothe stowage of personal equipment, mobility aids and assistive devices.
Counsel: Eastern Paralyzed Veterans Association, John Herrion, 718.803.3872
Gerard M. Kelly v. Continental
| OST-98-4504 | October 16, 1998 | Verified Answer |
Disability Discrimination |
| Verification |
Mr. Kelly requests the DOT impose civil penalties for Continental's alleged "continued violation of the Air Carrier Access Act" and further requests formal enforcement proceedings be institued against it. Based on the aforementioned evidence an Complainant's failure to establish any practice of discrimination, Continental respectfully requests the Complaint of Mr. Gerard M. Kelly be denied in all respects and dismissed.
Counsel: Carson Trapnell, 713.834.5157
| 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 | Reply of Continental Airlines | 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 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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