Deaf passenger wins discrimination case vs ex-AirAsia crew

MANILA, Philippines — A court has convicted a former AirAsia senior cabin crew member of discriminating against three deaf passengers who were offloaded from a flight in 2017.

The Municipal Trial Court in Cities (MTCC), Branch 1, in Puerto Princesa found Richie A. Rojas liable under Republic Act No. 7277, or the Magna Carta for Disabled Persons, as amended by RA 9442, in a decision issued on Oct. 29.

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Rojas was fined P50,000.

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The case stemmed from a May 2017 incident in which Rojas offloaded Khalil F. Haj and two other deaf Filipino passengers, the Iloilo Metropolitan Times reported.

The court rejected Rojas’ claim that Haj’s hearing disability posed a safety risk, noting that he was not violent and had not harmed anyone.

It also ruled that the three passengers were capable of traveling without an escort and were eligible to fly under AirAsia’s own policies.

According to the National Council on Disability Affairs (NCDA), Haj and his two companions were traveling to attend a Filipino Sign Language Association conference.

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The ruling came after nearly a decade of litigation, during which Haj rejected a settlement offer and pursued legal action.

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“The deaf passenger refused a reported P500,000 settlement and pursued accountability through nearly 10 years of litigation, represented by DLSU (De La Salle University) Legal Aid Clinic student interns,” the NCDA said in a statement.

The NCDA welcomed the conviction as a landmark victory for the rights of persons with disabilities (PWDs), saying it reinforced their right to equal access to transportation.

“[T]his ruling makes it clear that discrimination against persons with disabilities will not be tolerated and is against the law. Equal access to transport is a right, not a privilege,” the council said.

“We urge all airlines to train staff, review policies, and ensure every passenger is treated with dignity,” it added.

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The NCDA said the ruling, issued ahead of Deaf Awareness Week on Nov. 10 to 16, underscored the importance of protecting the dignity and rights of deaf Filipinos.

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It also called on the aviation sector to adopt mandatory disability inclusion training to prevent similar incidents. /dm