Individuals with spinal cord injuries who use wheelchairs know all about facing transportation challenges, including a lack of access to rideshare companies that everyone else uses. We are denied rides and charged extra fees. Recently, the Department of Justice has filed a lawsuit on behalf of people with disabilities who are systemically discriminated against by rideshare giant Uber.
Uber Technologies Inc. doesn’t maintain its own fleet of vehicles, and when an accessible ride is not available, it outsources to other pricey service providers. This results in denials to many individuals who use power wheelchairs. But apparently Uber finds foldable wheelchairs a problem, too. And service dogs? Forget about it, even though Uber’s policy permits them.
Many individuals who use wheelchairs are capable of folding and stowing the chair in the trunk of a regular vehicle, but Uber drivers routinely turn away clients with this need. Individuals with visual impairments, as well as other disabilities, are routinely turned away, too, if they have an accompanying service dog.
Uber has a documented history of illegally turning away people who require these accommodations. Despite complaints and previous lawsuits and Uber’s official zero-tolerance policy against discrimination, the problem persists.
The lawsuit seeks $125 million for individuals who have been subject to discrimination and previously submitted complaints to the Department, or to Uber, the largest and most widespread rideshare option in the US.
Filed in the U.S. District Court for the Northern District of California, the lawsuit seeks to hold Uber accountable for vi Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability by private transportation companies. The ADA requires rideshare providers to allow service animals to accompany individuals with disabilities in vehicles and to not only provide rides to, but also assist riders with stowable wheelchairs and mobility devices.
The lawsuit alleges:
- Uber and its drivers routinely refuse to serve individuals with disabilities
- Uber drivers routinely turn away people with service dogs and stowable wheelchairs
- Uber imposes impermissible surcharges by charging cleaning fees for service animal shedding
- Uber imposes impermissible cancellation fees to riders whom Uber has unlawfully denied service
- Uber refuses to reasonably modify policies, practices, or procedures, where necessary, to avoid discriminating against riders with disabilities
- Uber has denied individuals with mobility disabilities the option to sit in the front seat when needed
- Uber’s ride denials have resulted in individuals with disabilities experiencing significant delays, missed appointments, and being left stranded in inclement weather.
The complaint mentions multiple accounts of specific incidents where riders were left stranded after illegal denial of a ride.
“Rideshare companies like Uber are prohibited from denying riders with disabilities the same access to transportation that riders without disabilities enjoy,” said U.S. Attorney Craig H. Missakian of the Northern District of California. “This complaint underscores the United States’ commitment to enforcing the ADA’s promise of equal access.”
The DOJ is seeking both immediate and long-term remedies to address the alleged discrimination:
- A court order to stop Uber from further ADA violations.
- Mandatory modifications to Uber’s policies to ensure they comply with the ADA
- The training of Uber staff and drivers on disability rights
- Monetary damages for affected riders and a civil penalty to deter future violations.
Uber has denied the DOJ’s allegations, claiming it has a “clear zero-tolerance policy for confirmed service denials”. The company states that all its drivers must agree to comply with its accessibility policies. Uber also noted it has a dedicated hotline and reporting channels for passengers with accessibility issues and takes “decisive action,” including permanent deactivation, when violations are confirmed.
But the disability community has been fighting for fairness for years. This lawsuit comes on the heels of previous Uber complaints. A significant class-action lawsuit filed by Disability Rights Advocates in 2019, a 2021 lawsuit by the Equal Rights Center (which was consolidated and affirmed in 2021), and a 2022 Justice Department settlement over unfair wait-time fees for passengers with disabilities.
Uber has a long history of discrimination, and the disability community can be hopeful that the latest lawsuit will force them to comply with standards that are reportedly in place. No one should be left stranded because a driver decided a rider isn’t worth the effort to board up.
If you experienced disability discrimination by an Uber driver, you should first report the incident directly to Uber through their app or website. You can also file a complaint with the U.S. Department of Justice.
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