[nfbwatlk] What is Uber doing to train its drivers on disability rights?, CNET, August 3 2015

Mike Freeman k7uij at panix.com
Wed Aug 12 20:07:40 UTC 2015

Great article.

I predict that we and the Department of Justice will win and the courts will
prohibit Uber from spouting the nonsense that it is not a transit provider.
Uber is fighting this in some jurisdictions because it knows that once it
becomes a normal transportation provider, it can't "wild-cat", skirting some
of the requirements of transportation providers. In other words, I believe
that eventually, Uber won't be making quite the money it once did (at least
in the U.S.) and that Uber knows this.

Disclaimer: I like and use Uber. But I think it needs to get over trying to
skirt the law and will eventually have to put on a full-court press to
educate its drivers just as regular taxis allegedly do now.

Mike Freeman

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Subject: [nfbwatlk] What is Uber doing to train its drivers on disability
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What is Uber doing to train its drivers on disability rights?
With looming lawsuits and the 25th anniversary of the Americans with
Disabilities Act, disabled people ask whether Uber can do more to ensure
they're not refused rides from drivers.
Tech Industry
August 3, 2015
by Dara Kerr @darakerr

Kristen Parisi has become a vocal critic of Uber after she was reportedly
refused rides from drivers because she uses a wheelchair. Kristen Parisi

On a stormy April day in Boston, Kristen Parisi was trying to get home.
Given the rain, she ordered an on-demand Uber ride rather than trying to
make her way to the train station.

"The guy showed up in a good-sized Mercedes sedan," Parisi said. He took one
look her, "and immediately was like, 'No, no, no. I can't take you.'"

Parisi, 30, is paralyzed from the waist down -- the result of an injury from
a car accident when she was five. She gets around in a small manual
wheelchair she says weighs about 15 pounds and can be easily folded to fit
into a car's back seat or trunk.

Although the incident with the driver infuriated Parisi, she didn't report
it to Uber. She thought it was a one-off fluke.

But then it happened again.

The second time, Parisi was on her way to the airport and was able to
convince the driver to accept her ride, but it was an awful experience. The
driver complained Parisi's wheelchair would dirty her car. Then, she forced
Parisi to drag the wheelchair into the car herself. During the ride, Parisi
said the driver berated her, saying just like she wouldn't drive a dog, she
shouldn't be expected to take a wheelchair.

It was clear to Parisi this driver wasn't aware of the Americans with
Disabilities Act.

"It made me so angry and frustrated because these laws are not there just
for the sake of it, these laws are there for a reason," Parisi said.
"They're there to protect everybody."

Parisi, a public-relations executive, has become a vocal critic of Uber,
which pairs passengers with drivers via a smartphone app and is one of the
world's most valuable startups.

Her key complaint is that Uber is not doing enough to train its drivers on
the ADA. This federal law passed in 1990 and marked its 25th anniversary
last week. Under the ADA, all transportation providers are required to
accommodate wheelchairs if the equipment can be stowed in the vehicle.
Drivers must also accommodate passengers with service animals, such as guide
dogs. Currently, one in five people in the US have a disability, according
to the US Census Bureau.

"These laws are not there just for the sake of it, these laws are there for
a reason. They're there to protect everybody." Kristen Parisi

Parisi is not alone in her criticism of Uber. Other people who use
wheelchairs have said drivers for Uber and its rival Lyft have refused them
rides, resulting in lawsuits in Arizona and Texas. Blind people have also
been reportedly discriminated against. A lawsuit filed by the National
Federation of the Blind of California last September points to more than 40
instances in which Uber drivers allegedly refused to give rides to blind
passengers with guide dogs.

But Uber says it's doing a lot to support disabled passengers. The San
Francisco-based company says its service helps people with disabilities
because they can order an on-demand ride with the tap of a smartphone. Uber
has also launched new features in several cities over the last year that let
people request extra assistance or wheelchair-accessible vehicles if needed.

"We're a very young company but we're already making, I think, a significant
difference in terms of more mobility options for people with disabilities,"
said David Plouffe, a former campaign manager and White House adviser for
President Barack Obama who joined Uber in August 2014. "The ability for
someone to press a button, or a family member to press a button, to get them
a ride is a huge deal."

Still, the lingering question is: Will the person who shows up follow the
law and give someone with a disability a ride?

'Law of mathematics'

Uber is the world's largest ride-hailing service. Since Travis Kalanick and
Garrett Camp founded the company in 2009, the service has expanded to
operate in more than 250 cities in 58 countries. Uber has more than one
million drivers and typically takes a 20 percent to 25 percent flat
commission for each fare.

The service has also raked in billions in investment funding, becoming the
highest-valued venture-backed company in the world, with a valuation of more
than $50 billion, according to some estimates.

Uber has online materials that say drivers are not to discriminate against
passengers with disabilities. In a July 9 blog post, the company wrote it
"expects" drivers to "comply with all state, federal and local laws
governing the transportation of riders with disabilities." And any reports
of discrimination could lead to a driver being deactivated from the service.

Photo: Uber has an online video tutorial for drivers that explains how to
best assist people with disabilities. Uber

Plouffe said drivers also receive documents when they sign up for Uber that
say discrimination is against the company's code of conduct. Additionally,
Uber has made an online video that drivers can choose to watch, which shows
how to best assist people with disabilities.

"We've got a lot of drivers, so unfortunately the law of mathematics is that
occasionally we may have somebody who doesn't understand for whatever
reason," Plouffe said. "Sometimes we've seen instances where people say,
'well I've got leather seats and I don't want a dog on them.' That's just
not okay."

Lyft's terms of service is similar to Uber's. It has policies that forbid
discrimination and expect drivers to accommodate wheelchairs and service
animals. Drivers that violate Lyft's policies also may face deactivation
from the service.

Still, Uber and Lyft's training is minimal compared to that offered by the
established taxi industry. Most cab companies require mandatory training on
ADA compliance, according to Taxicab, Limousine and Paratransit Association
trade group. For example, Chicago taxi drivers are required to take classes
to learn about service dogs, according to Beth Finke, who is the interactive
community coordinator at the disability advocacy organization Easter Seals.

Some Uber and Lyft drivers say the companies haven't done enough to make
drivers aware of non-discrimination policies.

"Since Uber doesn't provide much training in the first place, many drivers
are left to figure it out and often feel like they're thrown to the wolves,
especially when first starting," said Harry Campbell, a driver for both Uber
and Lyft who authors a popular blog with tips for drivers. "There are a lot
of things that Uber asks drivers to do and when there's no central
repository to get good information, this is what can happen."

So why don't Uber and Lyft do more?

'A pretty big leap of faith'

Uber and Lyft's business models are built around drivers who are classified
as "independent contractors," rather than employees. Under this model,
drivers can be their own boss and drive whenever they want. But it also
means that the ride-hailing services aren't responsible for driver costs
including Social Security, health insurance, paid sick days, unemployment
and overtime. Drivers supply and maintain their own cars, so the companies
save a lot of money in operating and capital costs.

This business model has another potential benefit for Uber and Lyft -- these
companies may be protected from liability for the actions of their drivers.

However, this approach to the ride-hailing business is under threat. Both
companies are being sued for allegedly misclassifying their drivers as
contractors. (A hearing on August 6 will determine whether the case against
Uber should receive class action status.) If the lawsuits can show that Uber
and Lyft exercise a certain amount of "control" over drivers, the companies
may be forced to change the "independent contractor" classification. The
types of control a judge may look at include whether or not the companies
hire and fire drivers, provide drivers with specialized equipment and
require any type of training.

"The big economic battle for Uber is going to be the employee versus
independent contractor decision, that is a huge issue for Uber
economically," said Steve Clark, a legal analyst and ex-prosecutor based in
San Jose, California. "Uber is very careful in its terms of use and user
agreements to say, 'We're only a ride-matching service, we're not a
transportation service.'"

"Clearly the drivers have to follow the law. But the question is who informs
them of the law?" Steve Clark, legal analyst and ex-prosecutor.

One of the unintended consequences of this debate is that Uber is delegating
ADA training and compliance onto its drivers, Clark said. "Clearly the
drivers have to follow the law. But the question is who informs them of the
law?" he added. Uber effectively is saying it expects drivers to know the
law, Clark said, but "I think that's a pretty big leap of faith."

In the lawsuit filed by the National Federation of the Blind of California,
Uber argues that since it's an app-based technology company, it doesn't fall
under the ADA's definition of public accommodation. But the US Department of
Justice disagrees. In a December filing with the court, the DOJ said it
doesn't matter whether a company provides transportation itself or contracts
it out -- it still has to comply with the ADA.

"While an entity may contract out its service," the DOJ wrote, "it may not
contract away its ADA responsibilities."

'It's really simple'

In several cities, Uber has a feature called UberAssist, which lets
passengers request a driver trained to accommodate people with disabilities.

After Parisi's last experience with Uber, she contacted the company to
report the incident. During one of many phone conversations with the
ride-hailing service, she gave recommendations on how to better work with
people with disabilities. Her advice included add disabled consultants to
Uber's staff, be more transparent about its policies on enforcing the ADA
and make drivers go through an online training course that includes a test
at the end.

Uber has also heard from one of the original co-authors of the ADA, former
US Rep. Tony Coelho (D., Calif.). Coelho, who has epilepsy and is unable to
drive, is a strong supporter of Uber. He says being able to order a ride in
a matter of minutes makes a tremendous difference in his and other disabled
people's lives.

"Of all those things that have changed because of the ADA, the
transportation industry has been the slowest to catch on," Coelho said.

Discrimination against people with disabilities happens across the
transportation sector, he said, and Uber is just one of many that's had
issues. Rather than criticize the ride-hailing company, Coelho said he
believes a better approach is to encourage best practices. "Those of us who
are believers in the ADA and getting services for people with disabilities
need to be aggressive with Uber to make sure they follow through," he said.

Over the past year, Uber has offered new features for people with
disabilities. One is called UberAssist, which lets passengers request a
driver trained to accommodate disabled people. It's available in 10 cities
in the US and in Australia. There's also UberAccess, which specifically
hails vehicles that can fit large wheelchairs. This service is offered in
five US cities, so far. Uber has also added features to its app for blind
and deaf people, including wireless Braille displays and vibrating alerts.

Still, disability advocates say there's more work to be done, particularly
when it comes to driver training. Just last week, a blind man on the way to
the veterinarian with his guide dog was denied a ride from an Uber driver in

"The training required for these very simple services is not extensive,"
said Marilyn Golden, a senior policy analyst at the Disability Rights
Education and Defense Fund who uses a wheelchair. "We really want to be just
like everybody else, and in fact we are just like everyone else. Riding with
a service animal or bringing a wheelchair with you is not challenging for
drivers. It's really simple."

Update, August 4 at 2:05 p.m. PT: Clarifies that Uber says it's an app-based
technology company, so it reportedly doesn't fit under the Americans with
Disabilities Act's definition of public accommodation.
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