Timeline of Events in ERC’s Disability Discrimination Lawsuit Against Uber
This page provides a general timeline of the ERC’s investigation and lawsuit against Uber. Questions? Please email info@equalrightscenter.org.
2016: After hearing concerns from its membership, ERC conducted four matched pair tests of Uber’s rideshare service in Washington, D.C. The tests demonstrated vast differences in wait times and costs between requesting a ride through UberX and TAXI WAV. For each test, a wheelchair user requested a ride through TAXI WAV and a “control” tester requested a ride through UberX. The testers requested their rides within five minutes of one another. They requested pick-up at the same location and drop-off at the same destination. The differences in wait time and cost were stark. As a result, ERC engaged in targeted outreach to raise awareness among key community leaders of Uber’s inaccessibility and the impact this inaccessibility has on the transportation options available to the disability community.
Based on its civil rights testing investigation, ERC alleged that:
- Uber designed and operated its transportation service in D.C. in a way that effectively excluded wheelchair users from its basic “UberX” product, and instead directed them to the limited number of accessible D.C. taxi cabs through their “TAXI WAV” (wheelchair accessible vehicle) option.
- None of the 30,000 or more vehicles operated by Uber drivers in the District is capable of transporting individuals who use wheelchairs that cannot be folded and stowed in a trunk.
- As a result, wheelchair users are deprived of the opportunity to ride in Uber-affiliated vehicles and subjected to substantially longer wait times and higher fares as compared to other Uber customers.
The complaint argued that Uber’s failure to ensure a comparable level of service for wheelchair users in the District of Columbia violates Title III of the Americans with Disabilities Act (ADA), which requires companies like Uber to provide “full and equal enjoyment” of Uber’s services. It also alleged that Uber violated the D.C. Human Rights Act (DCHRA), which provides that people with disabilities shall have “an equal opportunity to participate fully in the economic, cultural and intellectual life of the District,” including transportation and tech company services.
News coverage: Washington Post, WAMU, NBC News
December 8, 2017: ERC Files Amended Complaint Addressing Uber’s Post-Litigation Adoption of UberWAV in D.C.
March 15, 2021: In Important Opinion for Disability Access and Inclusion, Federal Judge Rules that Uber is Subject to Anti-Discrimination Laws
Now Supreme Court Justice Ketanji Brown Jackson ruled that ERC’s case could proceed and that Uber is subject to the Americans with Disabilities Act (ADA) and D.C. Human Rights Act (DCHRA). Then Judge Jackson’s opinion methodically rejects Uber’s attempts to evade its obligations under federal and state non-discrimination laws stating that “Uber has fallen short of establishing that neither the ADA or DCHRA applies to its services categorically and as a matter of law”. She went on to state “this Court easily finds it plausible that Uber’s alleged failure to address policies that may contribute to the purported dearth of wheelchair accessible vehicles in its fleet—such that users who need said vehicles face substantially longer wait times and significantly higher costs—qualifies as conduct that discriminates against persons with disabilities.”
At the time, ERC member Heidi Case stated, “This case is so important because having equal access to on-demand transportation options is a major quality of life issue for me and other wheelchair users in the D.C. region.”
News coverage: Reuters/Westlaw, Law Street
July 17, 2024: ERC and Uber Reach Agreement on Availability and Safety of Wheelchair Accessible Vehicles in D.C.
ERC and Uber announced that they have agreed on a plan through which Uber will undertake certain actions in an effort to facilitate enhanced availability and safety of rides for users of the Uber Rideshare marketplace using wheelchair accessible vehicles (WAVs) in Washington, DC. The agreement represents a mutual attempt to resolve litigation over the availability and response times of WAV rides requested using the Uber Rideshare marketplace in the District of Columbia. As part of this effort, for the next 18 months:
- Uber will provide a monetary incentive per completed trip to drivers who provide a completed trip that is initiated or completed in Uber’s D.C. market, in a rented or personally owned WAV on Uber’s WAV platform;
- Uber will provide a one-time monetary incentive to each driver in the District of Columbia who completes a first trip initiated or completed in Uber’s D.C. market on the WAV platform;
- For prospective drivers in the District of Columbia who want to onboard rented or personally owned WAVs, Uber will direct the prospective drivers to resources for completing WAV passenger securement training (training on ensuring the safety of passengers in wheelchairs and the proper securing of wheelchairs in the vehicle); and
- Uber will require drivers in the District of Columbia to provide proof of completion of WAV passenger securement training in order to complete onboarding as a WAV driver and accept WAV requests.
The agreement and steps described above may result in the dismissal of the lawsuit.
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The Equal Rights Center (ERC) — a national non-profit organization — is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington DC and nationwide. The ERC’s core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.
