Delta to Reinstate Privileges to Mask Violators, Keep Ban on Violent Passengers

Atlanta, GA (WorkersCompensation.com) – Passengers who violated mask mandates on Delta Air Lines could see their flight privileges reinstated, the company said Wednesday.  

The move comes as a federal judge struck down a Center for Disease Control and Prevention (CDC) mask mandate as an over-reach of the agency’s authority, forcing the Transportation Security Administration to stop requiring masks on flights and in airports.  

Since 2021, some Delta passengers have ended up on the airline’s no-fly list for refusing to wear a mask. Delta said that it would review their flight privileges on a case-by-case basis. Some 2,000 people are on the Atlanta-based carrier’s no-fly list for mask violations.  

But those on the airline’s no-fly list for violent or aggressive behavior won’t see their privileges reinstated, the company said.  

“Customers who demonstrated egregious behavior and are already on the permanent no-fly list remain barred from flying with Delta,” the airline said. 

Earlier this year, Delta CEO Ed Bastian asked the U.S. Department of Justice to create a national no-fly list of passengers convicted of on-board disruptions. In November, the department said it would prioritize prosecuting unruly passengers who commit crimes that “endanger the safety of passengers, flight crews and flight attendants.” 

United Airlines and American Airlines said they would also be reviewing the cases of passengers previously banned from flying because of mask violations.  

"In cases where an incident may have started with face mask noncompliance and escalated into anything involving something more serious, or certainly an assault on one of our key members or customers, those passengers are going to remain on our permanent internal refuse list and will never be allowed to travel with us again," Nate Gatten, American's chief government affairs officer said in an earnings call on Wednesday. 

Since the beginning of 2021, the Federal Aviation Administration has recorded more than 7,000 incidents of unruly passengers. In many instances, those incidents included assault or injury to flight attendants and other flight crew members.  

As a result, some members of Congress would like to see tougher penalties for attacks on airline employees.  

Legislation proposed by U.S. Sen. Jack Reed (D-R.I.), and U.S. Reps. Brian Fitzpatrick (R-Penn.) and Eric Swalwell (D-Cal.) aims to reduce violent inflight incidents and hold passengers accountable.  

The Protection for Abusive Passengers Act would put passengers convicted of assaulting flight crew – including flight attendants, pilots and crewmembers – would be placed on a commercial no-fly list managed by the TSA. The bill would also permanently ban passengers from participating in the TSA’s PreCheck or Customs’ Global Entry programs.  

“Unfortunately, too many of our pilots, flight attendants and crew members are dealing with unacceptable abuse from passengers -- everything from kicking to spitting to biting,” said Rep. Swalwell. “This behavior is not only inappropriate, but it also puts other crew and passengers at risk. I’m proud to join Senator Reed in introducing this bill to help protect everyone aboard aircraft and to help ensure flights are safe.” 

Sara Nelson, president of the Association of Flight Attendants-CWA, said the legislation was needed.  

"It’s about time we take real action to keep Flight Attendants and passengers safe in the air,” Nelson said in a statement. “Since late 2020, the number of incidents of disruptive passengers have exploded. The Federal Aviation Administration, Transportation Security Administration, and Department of Justice have worked to combat this rise. But more needs to be done. Right now, a passenger can be fined or convicted, and may be banned on an individual airline – but that does not prevent this violent offender from flying another airline. This bill would change that. It’s really just a handful of bad actors who need to be grounded and face consequences for their violent actions.” 

Nelson said the violence and disruptions put everyone at risk, even airline employees.  

Last year, in a survey of more than 5,000 flight attendants, a study found that over 85 percent of all respondents had dealt with unruly passengers in the first half of 2021. More than half (58 percent) had experienced at least five incidents in 2021. Seventeen percent reported experiencing a physical incident.  

In January 2021, the FAA said it would take a “Zero Tolerance” policy toward unruly passengers and issued proposed fines and other punishments instead of issuing warnings and counseling. Since then, the agency has proposed more than $5 million in fines for unruly passenger incidents, a record for the agency.  

On April 20, the agency said it would make its “Zero Tolerance” policy permanent.