DOJ Sues Uber for Disability Discrimination

A man holds up a smartphone with the Uber app visible on screen, as taxis queue in the background on June 4, 2019.

Olly Curtis | Future via Getty Images

The Department of Justice (DOJ) has filed suit against Uber Technologies Inc. (UBER), alleging systemic discrimination against riders with disabilities, CNBC has learned. The lawsuit, filed in a San Francisco federal court, claims violations of the Americans with Disabilities Act (ADA) and seeks injunctive relief, monetary damages and civil penalties.

“Despite the importance of its services to people with disabilities, Uber denies people with disabilities full and equal enjoyment of its services in several critical ways,” the DOJ stated in its complaint. The core allegations center on Uber’s alleged failure to adequately address discriminatory practices by its drivers.

Specifically, the DOJ alleges that Uber drivers routinely refuse service to individuals with disabilities, including those traveling with service animals or requiring stowable wheelchairs. Furthermore, the complaint asserts that Uber imposes “impermissible surcharges” through unwarranted cleaning fees related to service animals and cancellation fees stemming from unlawful service denials.

Beyond outright refusals, the DOJ also claims drivers engage in demeaning and insulting behavior towards riders with disabilities, including inappropriate questioning. These allegations paint a picture of a platform lacking sufficient oversight and enforcement mechanisms to protect vulnerable users.

Uber, in a released statement, refuted the DOJ’s allegations. “We have a clear zero-tolerance policy for confirmed service denials, and we fundamentally disagree with the DOJ’s allegation,” the company stated, emphasizing its commitment to non-discrimination. Uber highlights its Community Guidelines, which explicitly prohibit discrimination, and points to a recent feature designed to improve the experience for riders with service animals, including educational videos for drivers.

The DOJ, however, argues that Uber’s efforts fall short of fulfilling its obligations under the ADA, specifically its duty to “reasonably modify” its policies and practices to avoid discriminating against people with disabilities. The lawsuit potentially exposes Uber to significant financial penalties and could force the company to overhaul its operational protocols.

The legal action comes at a pivotal moment for the ride-hailing industry, which has faced increased scrutiny over its treatment of both riders and drivers. While Uber has implemented measures to address safety concerns and improve accessibility, analysts suggest these efforts may not be sufficient to address the root causes of discrimination. The company uses a network of independent contractors, making comprehensive oversight and enforcement of anti-discrimination policies inherently challenging.

The ADA, signed into law in 1990, guarantees equal opportunity for individuals with disabilities in various aspects of life, including transportation. According to data from the Centers for Disease Control and Prevention (CDC), over 61 million U.S. adults, or 1 in 4, report having a disability. This demographic represents a significant user base for ride-hailing services, making accessibility a critical business imperative for Uber.

This lawsuit also brings into focus the technological aspects of accessibility. While Uber provides options for wheelchair accessible vehicles in some markets, availability can be limited. Further, the algorithms that match riders with drivers may inadvertently perpetuate discriminatory practices if not carefully designed and monitored. The outcome of this case could set a precedent for the responsibilities of technology platforms in ensuring equal access and preventing discrimination against vulnerable populations.