Uber Sued by Disabled Rider - Rider Triumphs
Ms. Irving, a blind woman, lives in San Francisco. In 2018, she filed a Complaint against Uber, alleging that the ride-share giant discriminated against during various encounters with Uber drivers.
Ms. Irving alleged that drivers refused to pick her up at least fourteen different times, and as such, she was late for work on a few occasions and eventually lost her job. The drivers refused to let her in their car because she had a guide dog with her.
She also alleged that drivers employed by Uber left her in unsafe places at late hours, spoke to her in an abusive way, and cut trips short before Ms. Irving had reached her destination.
On one occasion falsely claimed that Ms. Irving was at her destination when in fact, she was not - after which he simply left her in an unfamiliar location.
Ms. Irving filed suit against Uber, alleging violations of the Americans with Disabilities Act (ADA). The ADA gives various protections to folks with disabilities, but it only applies to companies with 15 or more employees. Uber claimed that it was not subject to ADA requirements because drivers were independent contractors and not employees.
The arbitrator disagreed with Uber, finding that it is irrelevant if the drivers are independent contractors. Uber had a contractual relationship with drivers, and Uber failed to prevent such discrimination via proper driver training.
Indeed, Uber wasn't oblivious to the problem of their drivers denying service to the disabled. In May 2017, the National Federation of the Blind resolved allegations of discrimination with Uber. A settlement agreement was reached, forcing Uber to revise its policies and educating drivers on non-discrimination rules. Uber even agreed to terminate drivers who didn't follow these non-discrimination policies.
Those with disabilities that limit or preclude driving would benefit from ride-sharing services. And this recent case in California shows that Uber has responsibilities to ensure these folks have access to their services.
Services like Uber can be critical lifelines to the disabled and elderly as driving becomes unsafe. They promise to allow a tremendous amount of independence, but stories like this show that we still need to hold them accountable.
