Uber Drivers Forum banner
1 - 20 of 31 Posts

·
Administrator
Joined
·
7,013 Posts
Discussion Starter · #1 ·
Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act

Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,

Lyft has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people - specifically those who use foldable wheelchairs or walkers.

One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury.

Lyft is also now required to modify its wheelchair policy to clarify that drivers must help assist disabled people with wheelchairs, scooters and walkers. Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.

If drivers fail to follow Lyft's wheelchair policy, they may be removed from the Lyft platform. Throughout the duration of the agreement, which lasts three years, Lyft must provide written updates to the DOJ every six months regarding its compliance with the agreement.

"We're glad that through this agreement, we will continue improving our policies and making it easier for people with foldable wheelchairs and other collapsible mobility devices to get around using Lyft," a Lyft spokesperson told TechCrunch. "Lyft is committed to maintaining an inclusive and welcoming community, and we're proud that many people with disabilities who were previously underserved by existing transportation options now use Lyft as a reliable, safe, and affordable way to get around."

Lyft has faced a number of accessibility-related discrimination lawsuits over the years. In the event that more lawsuits emerge, Lyft is now required to notify the DOJ within 30 days.

Competitor Uber has similarly faced its share of lawsuits pertaining to drivers discriminating against riders with wheelchairs. Both companies, however, have taken steps to rectify the problem. Last year, Lyft expanded its wheelchair-accessible vehicle service in New Yorkwhile Uber has partnered with paratransit organizations to try to improve wait time for people with powered wheelchairs.

It's worth pointing out the fine line Lyft is walking with its drivers, who are currently independent contractors, despite legislation in California that says otherwise. Since the start of the year, gig worker rights groups have urged companies like DoorDash, Uber, Lyft and Instacart to abide by AB 5. AB 5, which went into law earlier this year, outlines what type of worker can and cannot be classified as an independent contractor.

The law codifies the ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test and decided Dynamex wrongfully classified its workers as independent contractors.

According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it must prove the worker is free from the control and direction of the hiring entity, performs work outside the scope of the entity's business and is regularly engaged in work of some independently established trade or other similar business.

Still, Lyft, Uber, Postmates, DoorDash and Instacart are funding a ballot measure that would seek to make it legal for them to classify workers as independent contractors.

 

·
Premium Member
Joined
·
5,238 Posts
@MHR - Frankly, I'm surprised that the fine was so low, small businesses that don't provide ADA access regularly get $1-10K fines, yet the multi $B Lyft only gets a $40K fine ...
 

·
Administrator
Joined
·
7,013 Posts
Discussion Starter · #3 ·
@MHR - Frankly, I'm surprised that the fine was so low, small businesses that don't provide ADA access regularly get $1-10K fines, yet the multi $B Lyft only gets a $40K fine ...
Yep, they paid 42k to 4 seperate individuals and 40k to the Treasury.

Still not a huge amount. I wonder what other concessions they had to agree to in order to keep the fine so low.
 

·
Rebel Honey Badger
Joined
·
17,918 Posts
Lyft is also now required to modify its wheelchair policy to clarify that drivers must help assist disabled people with wheelchairs, scooters and walkers. Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.
I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.
 

·
Premium Member
Joined
·
3,323 Posts
Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act

Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,

Lyft has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people - specifically those who use foldable wheelchairs or walkers.

One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury.

Lyft is also now required to modify its wheelchair policy to clarify that drivers must help assist disabled people with wheelchairs, scooters and walkers. Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.

If drivers fail to follow Lyft's wheelchair policy, they may be removed from the Lyft platform. Throughout the duration of the agreement, which lasts three years, Lyft must provide written updates to the DOJ every six months regarding its compliance with the agreement.

"We're glad that through this agreement, we will continue improving our policies and making it easier for people with foldable wheelchairs and other collapsible mobility devices to get around using Lyft," a Lyft spokesperson told TechCrunch. "Lyft is committed to maintaining an inclusive and welcoming community, and we're proud that many people with disabilities who were previously underserved by existing transportation options now use Lyft as a reliable, safe, and affordable way to get around."

Lyft has faced a number of accessibility-related discrimination lawsuits over the years. In the event that more lawsuits emerge, Lyft is now required to notify the DOJ within 30 days.

Competitor Uber has similarly faced its share of lawsuits pertaining to drivers discriminating against riders with wheelchairs. Both companies, however, have taken steps to rectify the problem. Last year, Lyft expanded its wheelchair-accessible vehicle service in New Yorkwhile Uber has partnered with paratransit organizations to try to improve wait time for people with powered wheelchairs.

It's worth pointing out the fine line Lyft is walking with its drivers, who are currently independent contractors, despite legislation in California that says otherwise. Since the start of the year, gig worker rights groups have urged companies like DoorDash, Uber, Lyft and Instacart to abide by AB 5. AB 5, which went into law earlier this year, outlines what type of worker can and cannot be classified as an independent contractor.

The law codifies the ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test and decided Dynamex wrongfully classified its workers as independent contractors.

According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it must prove the worker is free from the control and direction of the hiring entity, performs work outside the scope of the entity's business and is regularly engaged in work of some independently established trade or other similar business.

Still, Lyft, Uber, Postmates, DoorDash and Instacart are funding a ballot measure that would seek to make it legal for them to classify workers as independent contractors.

Here's my story.... I REFUSED SERVICE, AND I STILL DRIVE FOR THEM.

 

·
Premium Member
Joined
·
7,964 Posts
And i refused service to a lady with a service dog and got away with it.. course the kids she had that violated the car seat law where the real reason.

AS long as you have another reason to refuse them service it's entirely legal to refuse service.

Also having a picture of them holding an infant totally helps make your case lol...
 

·
Banned
Joined
·
48 Posts
I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.
Not a Pretty picture nor headline u paint

"Lyft driver deactivated & sued Groping disabled 91YO black Great Grandmother during CHOP Pick up"

CVS, Lyft cars, 7-11 & Wendy's set 🔥 ablaze 🔥 by protesters
 

·
Premium Member
Joined
·
7,964 Posts
I thought they were supposed to use the WAV option?
Truth of the matter is that for a walker or standard folding wheelchair they don't need to use the wave option.

UberWav is for this type of chair. The type you have no possible hope of getting into a car by yourself, that won't fit in most standard sedans no matter how hard you try.



Wav vehicles are specially modified.

 

·
Premium Member
Joined
·
11,280 Posts
The way that Lyft will deal with this requirement will be to pass the buck onto the drivers. If there is a requirement for all Lyft drivers to take wheelchairs then what Lyft should do is test all of the car models that drivers use to see which ones can take a wheelchair in the trunk, and deactivate every car / remove from the fleet every car that does not comply. This would include many compact cars as well as some midsize (eg Camry Hybrid will not take a wheelchair due to the hybrid battery taking to trunk space).

However, Lyft will do no such thing - they will not want to lose the revenue from these cars, which are probably 30% of their fleet, even though they do not comply with the wheelchair requirement. So they will just leave it up to drivers, many of whom do not own folding wheelchairs and cannot test to see if one will fit in their car. Then, if/when a wheelchair pax comes along and the wheelchair won't fit in the driver's car, Lyft will just say, "Oops! You discriminated against a rider with a wheelchair. We take these issues very seriously at Lyft and we have deactivated your driver account."

In 10,000 rides I have had 3 pax present with a wheelchair. 1 in 3,000. An alternative to Lyft removing all non-compliant vehicles would be to simply send all wheelchair pings to vehicles that have been tested by Lyft to be able to accommodate wheelchairs. If the closest vehicle is an XL then Lyft should cover the cost difference between regular Lyft and XL. Easy peasy lemon squeezy.

But of course Lyft won't choose either of these options, which are simple solutions to a simple challenge.
 

·
Premium Member
Joined
·
7,964 Posts
The way that Lyft will deal with this requirement will be to pass the buck onto the drivers. If there is a requirement for all Lyft drivers to take wheelchairs then what Lyft should do is test all of the car models that drivers use to see which ones can take a wheelchair in the trunk, and deactivate every car / remove from the fleet every car that does not comply. This would include many compact cars as well as some midsize (eg Camry Hybrid will not take a wheelchair due to the hybrid battery taking to trunk space).

However, Lyft will do no such thing - they will not want to lose the revenue from these cars, which are probably 30% of their fleet, even though they do not comply with the wheelchair requirement. So they will just leave it up to drivers, many of whom do not own folding wheelchairs and cannot test to see if one will fit in their car. Then, if/when a wheelchair pax comes along and the wheelchair won't fit in the driver's car, Lyft will just say, "Oops! You discriminated against a rider with a wheelchair. We take these issues very seriously at Lyft and we have deactivated your driver account."

In 10,000 rides I have had 3 pax present with a wheelchair. 1 in 3,000. An alternative to Lyft removing all non-compliant vehicles would be to simply send all wheelchair pings to vehicles that have been tested by Lyft to be able to accommodate wheelchairs. If the closest vehicle is an XL then Lyft should cover the cost difference between regular Lyft and XL. Easy peasy lemon squeezy.

But of course Lyft won't choose either of these options, which are simple solutions to a simple challenge.
You can get a wheelchair in a Camry Hyrbrid..

You crazy...
 

·
Registered
Joined
·
242 Posts
I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.
Better yet pax falls driver tries to catch and winds up with a slipped disc and torn shoulder. Now what? Driver is screwed. Pax will sue. lyft will wash their hands of all of it
 

·
Premium Member
Joined
·
7,964 Posts
Not in mine.
Are we talking a standard wheelchair?

I've done it more times than i can count, so literally countless times.

But there are times I've had to put it in the back seat with the passenger in the front seat,

And usually it takes some fiddling to get it in but i can get it in.
 

·
Premium Member
Joined
·
3,198 Posts
Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act

Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,

Lyft has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people - specifically those who use foldable wheelchairs or walkers.

One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury.

Lyft is also now required to modify its wheelchair policy to clarify that drivers must help assist disabled people with wheelchairs, scooters and walkers. Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.

If drivers fail to follow Lyft's wheelchair policy, they may be removed from the Lyft platform. Throughout the duration of the agreement, which lasts three years, Lyft must provide written updates to the DOJ every six months regarding its compliance with the agreement.

"We're glad that through this agreement, we will continue improving our policies and making it easier for people with foldable wheelchairs and other collapsible mobility devices to get around using Lyft," a Lyft spokesperson told TechCrunch. "Lyft is committed to maintaining an inclusive and welcoming community, and we're proud that many people with disabilities who were previously underserved by existing transportation options now use Lyft as a reliable, safe, and affordable way to get around."

Lyft has faced a number of accessibility-related discrimination lawsuits over the years. In the event that more lawsuits emerge, Lyft is now required to notify the DOJ within 30 days.

Competitor Uber has similarly faced its share of lawsuits pertaining to drivers discriminating against riders with wheelchairs. Both companies, however, have taken steps to rectify the problem. Last year, Lyft expanded its wheelchair-accessible vehicle service in New Yorkwhile Uber has partnered with paratransit organizations to try to improve wait time for people with powered wheelchairs.

It's worth pointing out the fine line Lyft is walking with its drivers, who are currently independent contractors, despite legislation in California that says otherwise. Since the start of the year, gig worker rights groups have urged companies like DoorDash, Uber, Lyft and Instacart to abide by AB 5. AB 5, which went into law earlier this year, outlines what type of worker can and cannot be classified as an independent contractor.

The law codifies the ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test and decided Dynamex wrongfully classified its workers as independent contractors.

According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it must prove the worker is free from the control and direction of the hiring entity, performs work outside the scope of the entity's business and is regularly engaged in work of some independently established trade or other similar business.

Still, Lyft, Uber, Postmates, DoorDash and Instacart are funding a ballot measure that would seek to make it legal for them to classify workers as independent contractors.

In this culture of COVID-19, there is no way a driver should be obligated to assist any pax much less haul around their medical devices. Social distancing has to prevail. They have medical transportation companies who specialize in transporting people with any type of mobile assist device. If someone wants to ride Uber and take their bed, should we try to accommodate? There is a limit.
 

·
Registered
Joined
·
242 Posts
In this culture of COVID-19, there is no way a driver should be obligated to assist any pax much less haul around their medical devices. Social distancing has to prevail. They have medical transportation companies who specialize in transporting people with any type of mobile assist device. If someone wants to ride Uber and take their bed, should we try to accommodate? There is a limit.
I picked up an old lady going to the hospital for a biopsy on her lung. She also has bladder cancer and bone cancer. the bone cancer is so bad she was crying over every single movement of the vehicle the entire trip this poor lady was in agonizing pain also had to help her out of the car WTF How they put that crap on us is amazing
 
1 - 20 of 31 Posts
Top