PEIFFER WOLF AND THE LAW OFFICE OF JANA EISINGER: UBER TO PAY $1.1 MILLION IN RECORD AWARD TO BLIND RIDESHARE PASSENGER
14 Cases of Driver Discrimination by Uber Are Core of Complaint; Uber’s Attempt to Evade Federal Disabilities Rights Law By Hiding Behind Driver’s Independent Contractor Status Is Rejected by Arbitrator.
SAN FRANCISCO///April 1, 2021///Rideshare giant Uber was ordered to pay in excess of $1 million to Lisa Irving, a blind Uber rider who brought a claim alleging 14 different incidents of discrimination by Uber drivers. Counsel for Ms. Irving believe this may be the largest award ever issued to a blind passenger for repeated driver violations of the Americans With Disabilities Act (ADA) – and they filed a petition to confirm the award in San Francisco Superior Court today.
The size of the award was supported by the sheer number of egregious instances of discrimination that Ms. Irving faced, according to Peiffer Wolf Carr Kane & Conway (Peiffer Wolf) and The Law Office of Jana Eisinger (Eisinger). Uber’s attempt to avoid responsibility for its drivers’ discriminatory conduct was rejected by the arbitrator handling the case.
Peiffer Wolf and Eisinger represented Ms. Irving, a San Francisco area woman, who filed her claim after Uber failed to remedy its drivers’ repeated refusals to provide her appropriate transportation on the grounds of her blindness and use of a guide dog. In addition to refusal to provide rides, the rideshare giant’s drivers also abandoned Ms. Irving in dangerous places at late hours, verbally abused her (15 times in one instance), and even cut a trip short and falsely claimed she had been delivered to the destination she had specified. At various times, Ms. Irving feared for her safety and was left in potentially life-threatening situations.
As for Uber’s claims it is immune from disabilities-related claims arising from the conduct of its drivers, the arbitrator concluded: “Uber is liable for each of these incidents under the (Department of Justice) interpretation of the ADA as well as due to Uber’s contractual supervision over its drivers and for its failure to prevent discrimination by properly training its workers.”
Peiffer Wolf attorney Adam Wolf said: “Uber offensively claimed that the Americans With Disabilities Act does not apply to it. Based on what we already have seen, dozens of cases like this will likely end up getting filed. Uber needs to do the right thing and stop discriminating against Americans with disabilities.”
Attorney Jana Eisinger said: “We believe this may be the largest award ever issued to a single blind claimant for repeated violations of the Americans With Disabilities Act and California’s Unruh Act. Because of the number of egregious instances of discrimination that Ms. Irving endured, she demonstrated her entitlement to damages well above the $4,000 minimum per incident that she is entitled to under California law.”
There are an estimated one million blind people in the United States; roughly 5 percent (50,000) are believed to work with guide dogs.
Catherine Cabalo, of counsel, Peiffer Wolf, said: “Of all Americans who should be liberated by the rideshare revolution, the blind and visually impaired are among those who stand to benefit the most. However, the track record of major rideshare services has been spotty at best and openly discriminatory at worst. The bottom line is that under the Americans with Disabilities Act, a guide dog should be able to go anywhere that a blind person can go.”
Uber did not dispute many of the fourteen incidents of discrimination against Ms. Irving. Among the abuses cited:
- In one instance, she was forced out of a vehicle short of her destination in a dark and dangerous area, late at night.
- Two denials of service caused Irving to be late for work and contributed to her separation from her employer.
- In another instance, a driver cut a trip short and lied that he had completed the ride. This left Ms. Irving stranded at a late hour, just trying to get home.
- In two cases, drivers were verbally abusive and left Ms. Irving fearing for her safety. One driver yelled at her to get out of his car at least 15 times, at one point pulling over to demand she get out in a dangerous area, making her feel helpless by his intimidation and Another driver grabbed Ms. Irving’s phone and refused to return it, and then filed a bogus police report against her.
Despite promises it has made in the past to do better, Uber’s track record continues to be one of actively sidelining or otherwise undermining complaints from blind passengers. And Uber continues to deny responsibility for its drivers’ misconduct. The arbitrator in the Irving case noted that Uber’s: “investigators were trained, in some instances, to coach drivers to find non-discriminatory reasons for ride denials …. For years, therefore, Uber allowed drivers who discriminated against disabled riders to continue driving without discipline.”
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ABOUT PEIFFER WOLF
The law firm Peiffer Wolf Carr Kane & Conway maintains offices in San Francisco, New York, Los Angeles, Cleveland, St. Louis, Austin, and New Orleans.
ABOUT THE LAW OFFICE OF JANA EISINGER
The Law Office of Jana Eisinger maintains offices in Colorado and New York. Jana Eisinger can be contacted through her website at www.eisingerlawfirm.com.
MEDIA CONTACT: Max Karlin at (703) 276-3255 or [email protected]
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