[NAGDU] Uber dog pickup denial

Fri Dec 2 18:08:52 UTC 2016

Ann,

	You are correct on your understanding. The statistical incidence of
allergies to dog dander that rise to the level of a disability is estimated
by the Centers for Disease Control & Prevention to be .05% This is 1/2 of
1/10 of 1% of the population, To put it another way, with 3 million people
in the United States, only approximately 1500  have an allergy to dog dander
that rises to the level of a disability. And all of them work for Uber!

Fraternally yours,
Marion

Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind  people
and our dreams. You can live the life you want! Blindness is not what holds
you back.

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ann Edie via
NAGDU
Sent: Wednesday, November 30, 2016 2:49 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Ann Edie
Subject: Re: [NAGDU] Uber dog pickup denial

What you say is true, Peter. But if the driver is going to refuse to serve
you because of his/her allergy to dogs, then the fact of the allergy must be
documented with the employer. The driver must ask the employer for a work
accommodation as a person with a disability. The allergy must rise to the
level of a disability, that is, it must limit life functions, such as
breathing, etc. The request for accommodation based on the disability must
be documented with the employer, along with documentation of the condition
from the driver's doctor. And it must also be documented that the allergy
cannot be readily treated by the use of medications or protective/avoidance
measures. Then, and only then, do you have a situation where there are two
persons with disabilities who require competing accommodations, and the
solution of arranging for another driver is appropriate. If the driver
simply claims an allergy at the time of pick-up, but has not gone through
the steps of documenting the disability and requesting the work
accommodation from the employer, then refusal to serve a person with a
disability who is accompanied by a service animal violates the ADA
regulations.

The above is to the best of my knowledge, so I'd be interested to hear from
Marion or others if my information is incorrect or out-of-date.

Ann

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Peter Wolf via
NAGDU
Sent: Wednesday, November 30, 2016 12:23 PM
To: nagdu at nfbnet.org
Cc: Peter Wolf
Subject: [NAGDU] Uber dog pickup denial

Hi everyone,

Wayne had it right, over cannot deny service dogs.

I have blind friends who have been denied before, and then it finally
happened to me recently. In this case I was using uber's competitor, Lyft.
I like lyft much more, by the way, because they treat their employees, many
of whom left uber, well.  On average, it takes about one more minute to get
a car with left, but that is worth it.  

In this case I was in San Francisco getting a ride to a doctors appointment.
The driver pulled up, and asked me to cancel and call another because he is
allergic to dogs. He said I would not be charged for the cancel and there
would be no problem getting another.  Being taken by surprise I just said
okay.  By the time the next car arrived along with the rush hour wait for
the first one, I missed half of my appointment.  

So I did with we all should do.  I called customer service the next day, and
told them what happened. The person who answered jumped all over it.  She
identified the date, pickup location and driver, said that should not have
happened, apologized.  She said that the driver depending on whether he had
ever done it before, would be either disciplined or fired.  Then she noted
that yes, I had been charged for his cancel and refuned it, then added a
credit into my account for three additional rides.  I had follow-up phone
calls and follow-up letters from them, thanking me for contacting them and
saying that they take it very seriously.  

Their policy is that drivers have to know what they are getting into; they
sign up to take everyone unless they have a medical condition that would
prevent it.  She said he had the option to contact them right then, and
arrange an alternative ride on the spot.  

So.  In future, if it happens again, I'd politely have a driver contact base
or I'll offer to do it on the spot, and get another ride set up immediately
without penalties.  Hey, this disability thing - I know how tempting it is
for me to sometimes catch myself feeling too vulnerable in a situation.  I
am actually "go to to the hospital" allergic to cats.  I can't even hug good
friends who are cat owners hello on the street or I'll stop breathing, can't
go to their house unless we can sit out on the deck, and have to ask them to
wear clothes that weren't exposed to their kitty when they come over.  We
only get to have an "air hug" hello!   So my heart goes out to these guys.
But this is the way around it.  

Cheers,
Peter
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