What is Uber doing to train its drivers on disability rights? - CNET
Dara Kerr
Kristin Parisi has become a vocal critic of Uber after she was
reportedly refused rides from drivers because she uses a wheelchair.
Kristin Parisi
On a stormy day in Boston in April, Kristin 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.
Kristin 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 in 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.
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 it shouldn't have to follow the ADA's laws
because it's a technology company, rather than a transportation
provider. 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'
uberhnlassistbottom-screenshot-1.png
In several cities, Uber has a feature called UberAssist, which lets
passengers request a driver trained to accommodate people with
disabilities. Uber
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 Wisconsin.
"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."
Close Reader View
Type controls
--
David Goldfield,
Assistive Technology Specialist
Feel free to visit my Web site
www.davidgoldfield.info