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Airline discrimination question (self.legaladvice)

i_munch_on_rugs が 投稿

I recently learned about Southwest's "Customer of size" policy. It states that if you are too large and encroach on other's seats you can book an extra seat. The initial out of pocket cost is to you. When you check in for your flight they give you a reserved seating card that is placed on your extra seat. You also are giving priority boarding to choose the most comfortable seat for you. After your flight you may call Southwest customer service and receive a refund for the cost of the additional seat.

My question, would it be discrimination if I followed this policy and Southwest refused to give me these perks? I would follow their policy to the T. The only specification for customers of size is that they "encroach upon any part of the neighboring seat." I could easily encroach on other seats by stretching out my arms or sitting cross legged.

Located in California.

Edit: I'd like to add that I am not planning on doing this, I just think it's unfair that some people get special treatment and I'd like to figure out a way to stop it.

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[–]ContextOfAbuse 14ポイント15ポイント  (0子コメント)

Ah, the mythical "You're Not Fat Enough" discrimination that I've been hearing about? Sure, go for it.

[–]AnotherGuyinOhioQuality Contributor 10ポイント11ポイント  (28子コメント)

It may be discrimination but not illegal.

[–]i_munch_on_rugs[S] -5ポイント-4ポイント  (27子コメント)

So say I hypothetically did go through this policy and they refused to refund my additional ticket, what could I do?

[–]AnotherGuyinOhioQuality Contributor 7ポイント8ポイント  (26子コメント)

Lose weight

[–]GoufingAroundQuality Contributor 6ポイント7ポイント  (0子コメント)

The Air Carrier Access Act doesn't prohibit discrimination based on size.

You also have the option of not flying the travesty masquerading as an airline. If the policy upsets you, fly with someone else.

[–]surly_elk 5ポイント6ポイント  (2子コメント)

LOTS of people get special treatment in life. People who are wealthy enough to afford first class get special treatment. People who have kids under 2 get special treatment. People who are active military or require extra time to board get special treatment. Companies are ALLOWED to offer certain groups special treatment if they want to, so long as they are not infringing on protected classes. You're going to have to get over it.

The company has made a decision to offer special treatment for a certain group of people. They can do that, again, as long as it isn't infringing on a protected class. It's an incentive for certain groups to fly with them. Totally legal business move.

[–]i_munch_on_rugs[S] -3ポイント-2ポイント  (1子コメント)

My question is that if I were to take advantage of this policy and they refused to accommodate me, then would there be a legal issue?

[–]surly_elk 8ポイント9ポイント  (0子コメント)

No. They don't have to refund you anything. No store does. They just do it as a courtesy or as a selling point to appeal to certain customers. Returns are not mandated by law for most products.

As I said above, the only way you might have a case is if you had a legitimate condition covered under the ADA, attempted to use this policy as a reasonable accommodation for your condition, and then were denied.

[–]wvwwvwwvw 5ポイント6ポイント  (0子コメント)

I could easily encroach on other seats by stretching out my arms or sitting cross legged.

Here's the policy: Customers who have purchased an additional seat to accommodate a special seating need due to size or disability may request a refund of the additional seat purchase by sending us an e-mail request.

Note how it talks about the "need" for an extra seat, not the desire to have an extra seat. You would not "need" an extra seat to avoid encroaching on the neighboring seat. In my opinion, a plain language reading of the policy would exclude any asshole who wanted to be this much of a petty dick.

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Original Post:

Author: /u/i_munch_on_rugs

Airline discrimination question

I recently learned about Southwest's "Customer of size" policy. It states that if you are too large and encroach on other's seats you can book an extra seat. The initial out of pocket cost is to you. When you check in for your flight they give you a reserved seating card that is placed on your extra seat. You also are giving priority boarding to choose the most comfortable seat for you. After your flight you may call Southwest customer service and receive a refund for the cost of the additional seat.

My question, would it be discrimination if I followed this policy and Southwest refused to give me these perks? I would follow their policy to the T. The only specification for customers of size is that they "encroach upon any part of the neighboring seat." I could easily encroach on other seats by stretching out my arms or sitting cross legged.