Case of the Day: In re Kuwait Airways Co.

The case of the day is the Department of Transportation’s investigation of Kuwait Airways Company. The DOT undertook the investigation at the request of Eldad Gatt, an Israeli national who was seeking to travel from New York to London by air. Kuwait Airways (which according to Gatt was offering the lowest fare on the day he tried to travel) refused to sell him a ticket because he was traveling on an Israeli passport. Gatt asserted that the airline discriminated against him on the basis of national origin, in violation of 49 U.S.C. § 40127(a), which provides:

An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.

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