[Nfbk] Obama administration takes sides in disability suit against Uber - SFGate

[Corbb O'Connor]

http://m.sfgate.com/bayarea/article/Obama-administration-takes-sides-in-disability-5976148.php

Obama administration takes sides in disability suit against Uber

The Obama administration weighed in Tuesday on the side of advocates for the blind in a San Francisco federal court suit accusing ride-on-demand company Uber of discriminating against passengers with guide dogs.

In its court filing, the Justice Department did not endorse the specific allegations of discrimination but said companies like Uber are covered by the Americans with Disabilities Act, which requires equal treatment and reasonable accommodations for disabled customers.

Uber has denied discriminating but has also argued that it is not a public-service provider — a “public accommodation” — covered by the disability law.

“The ADA applies to private entities that are primarily engaged in providing transportation services,” even if a company is not a public accommodation, said the filing by Justice Department lawyers and U.S. Attorney Melinda Haag’s office.

Uber also argued that it does not directly provide transportation services but merely signs contracts with independent drivers. The Justice Department countered that a transportation company “may not contract away its ADA responsibilities” and is covered by the law if it operates a “demand-responsive system.”

The law prohibits any such company from “denying or providing unequal service to individuals with service animals,” government lawyers said.

In the suit, filed in September, the National Federation for the Blind said it has learned of more than 30 instances in which Uber drivers across the United States have refused to transport blind passengers after arriving to meet them and discovering they had guide dogs. One driver in Sacramento gave the passenger a ride but locked her service dog in the trunk, the suit said.

In response, Uber said it requires drivers to provide transportation to blind drivers and their guide dogs, and severs connections with any driver who refuses. But the lawsuit said the company has told blind passengers it has no responsibility for its drivers’ conduct because they are independent contractors, not employees.

Uber has also argued that the suit should be dismissed because fare-paying passengers sign agreements to submit all complaints to arbitration. A federal magistrate has scheduled a hearing on the company’s dismissal motions in February.

"The Uber app is built to expand access to transportation options for all, including users with visual impairments and other disabilities,” the company said in a statement. “We are always working to expand on those options.”

Bob Egelko is a San Francisco Chronicle staff writer. E-mail: begelko at sfchronicle.com Twitter: @egelko
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