The US Justice Department (DOJ) has filed a lawsuit against
ride-haling app Uber, claiming the company is overcharging disabled passengers.
According to the DOJ, Uber’s ‘wait time’ fees, which charge
passengers by the minute if a driver has to wait longer than a few minutes
before starting the trip, discriminate against disabled people who may need longer
than the ‘free’ time allowed to get into the vehicle.
The fees, introduced in 2016 in some cities and now
implemented in various locations around the world, contravene the Americans
with Disabilities Act (ADA), alleges the DOJ.
The lawsuit, filed in the US District Court in San
Francisco, is asking the court to order Uber to change its wait time fee policy
and pay damages to those it claims have been illegally overcharged.
Kristen Clarke, assistant attorney general for the DOJ’s
Civil Rights Division, said in a statement: “People with disabilities deserve
equal access to all areas of community life, including the private
transportation services provided by companies like Uber.
“This lawsuit seeks to bring Uber into compliance with the
mandate of the Americans with Disabilities Act while sending a powerful message
that Uber cannot penalise passengers with disabilities simply because they need
more time to get into a car.”
Uber has said the wait time fee is not intended to apply to
disabled passengers and that it has been refunding riders who say they were wrongly
charged. It says wheelchair-accessible trips or those booked under Uber Assist
are not subject to the wait time fee policy.
A spokesperson for the company said it had been in
communication with the DOJ before learning of the lawsuit, which it called “surprising
and disappointing”. The spokesperson said the app issued an update last week
whereby if a passenger certifies that they are disabled, any wait time fees
will be automatically waived.
Uber has come under criticism from disabled passengers in
the past, with many saying they’ve been refused rides altogether or had drivers
cancel trips when they realised they were in a wheelchair or had a service
animal with them. It is illegal in the US to deny a person service because of their disability.
In April this year, Uber was ordered to pay $1.1 million in
damages to a blind woman in California who was refused rides on 14 occasions,
which she alleges led to her being fired from her job.