Uber Hit With Suit Claiming Discrimination Against Visually Impaired, Guide Dogs
Plaintiff Lucia Greco claims that she has documented at least 32 times that she has faced discrimination from Uber drivers because of her guide dog since March 28, 2018.
April 20, 2020 at 05:36 PM
3 minute read
A visually impaired California woman has sued Uber Technologies Inc. claiming that the company allows drivers to discriminate against blind and visually disabled passengers who travel with service animals.
In a complaint filed Sunday in the U.S. District Court for the Northern District of California, Lucia Greco claims that she has documented at least 32 times that she has faced discrimination from Uber drivers because of her guide dog since March 28, 2018. The lawsuit, filed by lawyers at Peiffer Wolf Carr Kane & Conway in San Francisco, brings claims against Uber and two California subsidiaries under the Americans with Disabilities Act and California's Unruh Civil Rights Act.
"Uber can and does suspend—and even terminate—drivers who break its rules, including its rules regarding accessibility for riders with service animals. However, on multiple occasions, Uber has neglected to terminate an offending driver's association with the App," Greco's lawyers wrote. "On other occasions, Uber has opted in its discretion not to appropriately follow up, in clear violation of its own policies. Indeed, on information and belief, Ms. Greco alleges that Uber's support team knowingly coaches drivers on how to get out of an allegation of discrimination, and often utilizes its discretion to excuse blatant discrimination so as to avoid having to terminate an Uber Driver from the platform," they wrote.
Greco's lawyers noted that, after learning that Uber's terms of service containing an arbitration clause, they filed a demand for arbitration March 27, 2020, with the American Arbitration Association. The complaint says that AAA informed Greco on April 18 that it was declining to move forward with her claim, because Uber had "failed to comply with the AAA's policies regarding consumer claims."
Uber representatives didn't immediately respond to a request for comment.
The company reached a settlement with the National Federation of the Blind and three blind passengers in 2016 to settle a prior round of litigation regarding driver discrimination against service animals. There the company agreed to deactivate drivers who didn't accept ride requests from service animal-assisted blind passengers and to spend up $85,000 to monitor compliance with the agreement over the next five years.
In a phone interview Monday, Tracey Cowan of Peiffer Wolf Carr Kane & Conway, one of Greco's lawyers noted that the prior action only sought injunctive relief and left open the possibility of plaintiffs in her client's position seeking damages. She also said that she thinks Greco's case is strong whether or not Uber drivers are contractors or, as alleged in the complaint, employees under California law. But she added that she thinks it's clear after the passage of AB5 and a recent decision in a case against Uber rival Lyft, that ride-sharing drivers are employees. "I think we can get there either way, but this is a way that Uber has tried to shirk responsibility for the actions for their drivers for a long time," Cowan said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute read‘It's Your Funeral’: On Avoiding Damaging Your Client’s Case With Uncivil Behavior
Practice Tips From—and About—the New Judges on the Northern District of California Bench
Trending Stories
- 1Pa. Hospital Agrees to $16M Settlement Following High Schooler's Improper Discharge
- 2Connecticut Movers: Year-End Promotions, Hires and an Office Opening
- 3Luigi Mangione Defense Attorney Says NYC Mayor’s Comments on Case Raise Fair Trial Concerns
- 4Revisiting the Boundaries Between Proper and Improper Argument: 10 Years Later
- 5Hochul Vetoes 'Grieving Families' Bill, Faulting a Lack of Changes to Suit Her Concerns
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250