US Airways Violates ADA and Abusive Employee
Violation of Americans With Disabilities Act - Complaint
DC, MARYLAND -- Re: Flight 450 Departed 10:30am on Feb, 8, 12 US Air DCA to SAN
Airlines receive federal money. Employees of airlines are required (not optional) to give ADA covered passengers reaonsable accommodations based on individual need (as long as "it does not pose an undue hardship".) I have a permanent neck injury which causes extreme pain and migraine. Someone bumping into me feels like a hit with a sharp object. I can't even take NSAIDS or migraine meds because they would cause life threatening allergic reaction. I don't travel for this reason. The day before my flight I received notification that my mother in SD had a heart attack, heart surgery, was intubated and developed pnemonia. She was all alone in the hospital for a whole week before the assisted living personnel notified any family. I booked my ticket the night before and flew to SD the next morning not knowing if she would still be alive when I got there.
It is worth mentioning that I was wearing my cervical collar for support to get me through the trip as my neck can't carry my head too long. So it was obvious to everyone that I had a neck injury even if they couldn't see how bad it was. I have literally passed out at times with this injury and sustained serious injuries. I was told to ask the flight attendent to help with my bag overhead. My seat was aisle in the back against the lavatory wall. She was sitting there and I asked for help. She looked mad and said not if it is heavy. I told her it is only heavy to me. She put it up. When I realized that I was just outside the lavatory I told her that I can't be bumped into and having people hanging on to my seat and if I have a hard time with a passenger with this I may ask for help conveying that. When the flight started, with nobody in the way, she quickly came down the isle and hurt me by banging hard into my seat. During the flight the lines got long and I kept asking people to not stand in the way of my seat so that the ones who come out of the bath don't have to slam me to get by. A couple of passengers wanted to argue.. I asked her to help out with this. She smirked looked at the billigerent passenger and rolled her eyes. I said OK then as an accommodation under ADA I need to not be assaulted. She grinned at the nasty passenger (encouraging him) and said "what is assault?" like I was exaggerating. I said the legal definition is "unwanted touching of any kind is assault." That is a fact. She let the passenger stand over me yelling over my head about me and I told him to be quiet I have a headache. He said he's not talking to me. She allowed him to discriminate against me and make me have more embarrasssment and pain. At this point I was in too much pain. I was crying the rest of the flight. I went to the front of the plane and asked a male attendant if there was one in charge of all. I showed him my medical report which highlighted the spine and what it affected. I told him I would not fly in this condition but I have to get to my mother .. He said he would talk to her. I told him I need a safe place to sit. I did try moving over into the empty middle seat but that encouraged passengers to get into that space and bang the seat which had the same impact with vibrations on my neck. All this was explained. He told me I can take any other seat.. all in the middle which meant elbows over oversized people and same prob. Melissa had said snidely "I am not the line police." When the head flight attendant went back there was 3 fa right there... kept getting banged into... nobody helping... I asked again. And melissa had a smirk on her face. I told her it is not funny. And all three just shrugged when I said I would write a letter. The connecting flight was fine and it was worth mentioning that there was an announcement informing people not to form lines for the lavatorys bc of security concerns. So why was this policy not implemented on the first flight? It was a security/health concern on the first flight. Oh yes: They are "not the line police." I had to suffer a terrible migraine for over 24 hours unnecessarily.