[Colorado-Talk] Rideshare Advocacy on Unlawful Implementation of Self-Identification

[Curtis Chong]

Greetings everyone:

 

I have pasted into this email a letter sent by President Mark Riccobono to
Uber regarding its unlawful implementation of self-identification to Uber by
people using service animals. When, in early October, I read that Ubert was
going to make it possible for passengers who were blind or deafblind to
indicate this in their rider profiles, I thought that this would make it
even easier for Uber drivers to deny rides to guide dog users. It would seem
that my skepticism was justified.

 

Link to Original Source
<https://nfb.org/blog/rideshare-advocacy-unlawful-implementation-self-identi
fication> 

 

 

Friday, November 1, 2024

 

In follow up to the National Federation of the Blind Rideshare Rally,
President Mark Riccobono sent the following correspondence on October 31,
2024, to Uber regarding the implementation of self-identification.

 

Dear Mr. Byrne:

 

In our discussions with Uber during the past two years about the ongoing
discrimination our members face when Uber drivers continue to deny them
transportation based on their use of a guide dog service animal, we made
several suggestions for how Uber could reduce such denials, and reduce the
burden placed on riders in reporting denials. Among those, we suggested Uber
provide an option for riders to save their use of a service animal in their
profile/preferences and have the Uber platform inform drivers about those
riders’ use of a service animal, alongside a reminder that the law and Uber
policy require all drivers to transport riders with their service animals.
We suggested the Uber system automatically suspend drivers who cancel rides
after being informed that the rider uses a service animal, and automatically
submit a denial complaint with the information about the denied rider, the
denying driver, and other details necessary for an investigation that would
result in the permanent deactivation of the denying driver.

We suggested the self-identification option in the belief that, even if some
riders who use guide dogs choose not to use the option, they would benefit
because the riders who do choose to use the option would help to more
quickly identify and remove denying drivers, which would benefit everyone.
That belief was and is premised on self-identification only identifying
service-animal using riders to drivers after they are paired.

When Uber representatives informed us in late 2023 that they were planning
to implement self-identification, in a way that would identify riders with
service animals on the offer card presented to drivers before pairing, we
indicated in the strongest terms that we and our members would not accept or
support such a system, as it would enable drivers to choose not to pair with
riders who use service animals, and effectively shield those drivers from
the consequences of their discrimination against such riders. We left that
conversation believing that Uber understood the importance of only
identifying riders with service animals to drivers after pairing.

Unfortunately, we learned last week that Uber intends to offer a default
choice in the self-identification option to inform drivers of a rider’s
service animal on the offer card prior to pairing. Providing this option,
whether it is the rider’s choice or not, is unlawful. We will not support or
condone such an option, and will publicly denounce Uber’s use of it and
tolerance of the discrimination it fosters.

Simply put, offering an option to disclose use of a service animal prior to
pairing is unlawful.

The Americans with Disabilities Act prohibits Uber from discriminating
against riders “on the basis of disability in the full and equal enjoyment”
of Uber’s services (42 U.S.C. §§ 12182(a) and 12184(a)). Uber may not
“directly or through contractual or other arrangements, utilize ... criteria
or methods of administration that have the effect of discriminating on the
basis of disability; or that perpetuate the discrimination of others who are
subject to common administrative control” (42 U.S.C. § 12182(b)(1)(D)). It
may not apply “eligibility criteria that screen out or tend to screen out an
individual with a disability or any class of individuals with disabilities
from fully and equally enjoying” Uber’s services (42 U.S.C. §
12182(b)(2)(A)(i) and 12184(b)(1)). Finally, it must “make reasonable
modifications in policies, practices, or procedures, when such modifications
are necessary to afford” Uber’s services to riders with disabilities (42
U.S.C. § 12182(b)(2)(A)(ii) and 12184(b)(2)(A)).

By offering an option for riders to disclose their use of a service animal
on the offer card prior to pairing with a driver, Uber uses a criteria or
method of administration that has the effect of discrimination by providing
drivers with an option to undetectably refuse to transport an identifying
rider with a service animal. It also perpetuates the pervasive
discrimination by drivers who deny riders with service animals, whether they
use self-identification or not, because it does not in any way reduce the
number of drivers on the Uber platform who refuse to transport riders with
service animals. Rather, it allows them to do so with impunity. In contrast,
identifying riders with service animals after pairing can result in the
discipline and removal of drivers who discriminate, redounding to the
benefit of all riders with service animals whether they self-identify or
not.

Offering an option for riders to disclose their use of a service animal on
the offer card prior to pairing with a driver also presents an eligibility
criteria for driver pairing that screens out or tends to screen out riders
with disabilities who use service animals from pairing with
otherwise-eligible drivers who undetectably and unlawfully choose not to
accept those riders. Uber must therefore modify its practice or procedure
for self-identification to disclose riders’ use of service animals only
after pairing so that driver-discrimination against those riders is weeded
out.

We hope Uber will consider this and our prior statements about how
self-identification must function and never identify a rider’s disability or
use of a service animal until after they are paired with a driver.

Sincerely,

Mark A. Riccobono, President
National Federation of the Blind

 

 

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