Qantas accused of discrimination after passenger injured on LA flight
An Adelaide man is suing Qantas for discrimination over his treatment on a flight to LA, with the legal battle shaping as a landmark case that could force the airline to make major changes.
An Adelaide man with a debilitating form of cerebral palsy has launched federal court action against Qantas, accusing the airline of unlawful discrimination and calling for an overhaul of its disability travel policies and procedures.
In what’s shaping up as a landmark case for travellers living with a disability, Max Saul Price, 21, says he suffered “psychological distress necessitating medication and physical injury” following a 2023 Qantas flight from Adelaide to Los Angeles.
According to court documents, Mr Price suffers from dyskinetic cerebral palsy, a condition that results in significant motor impairment and involuntary movement, and requires the use of a fully customised manual wheelchair.
In his application to the court, he says he was forced to board the 2023 flight on a generic wheelchair supplied by Qantas, and accept a seat which he could not access “reasonably, practically, safely or with dignity”.
He’s seeking changes to Qantas’s procedures that would enable him to book any flight of his choosing, in any cabin class, and be given access to a seat closest to the point of entry, along with two adjacent seats for immediate family or carers.
If he’s successful in his court action, Mr Price would be allowed to board the flight on his own wheelchair, and his carers would be responsible for transferring him to his seat using a manual lifting sling and harness designed for people with quadriplegia rather than the ‘Eagle’ hoist currently used by Qantas, which is designed for people with paraplegia.
Qantas is opposing Mr Price’s application.
In its response, the airline rejects claims of unlawful discrimination, and denies that it has a legal obligation to make the changes sought by Mr Price.
The legal dispute comes more than a year after the federal government promised new aviation disability standards as part of its aviation white paper, following decades of complaints and allegations of discrimination.
The new standards, which will set out responsibilities for airlines and airports, are expected to be finalised in 2026.
Last year Qantas agreed to change and clarify its application processes for assistance dogs after being sued for disability discrimination by a Sydney woman whose assistance dog was refused access to the aircraft cabin.
As part of his application, Mr Price wants the federal court to require Qantas to provide a report to the president of the Australian Human Rights Commission each time it acquires or fits out an aircraft, explaining if and why any accessibility features available as part of the acquisition or fit out were not selected by the airline.
Mr Price, who declined to comment on the matter, and Qantas are currently engaged in a mediation process.
A Qantas spokeswoman said: “While we cannot comment specifically on the case as it is currently going through mediation, we can confirm we have been working with the passenger and their family to provide support and assistance for their travel needs.”
Originally published as Qantas accused of discrimination after passenger injured on LA flight
