# Wheelchairs, Walkers and Scooters?...Oh My!



## MHR (Jul 23, 2017)

*Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act*

Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,

Lyft  has agreed to settle a lawsuit from the U.S. Department of Justice that alleges the ridesharing company discriminated against disabled people - specifically those who use foldable wheelchairs or walkers.

One complainant, known as J.H. in the suit, alleged Lyft drivers denied giving him a ride on several occasions because of his collapsible wheelchair. As part of the settlement, Lyft has agreed to pay $42,000 to the four complainants and $40,000 to the U.S. Treasury.

Lyft is also now required to modify its wheelchair policy to clarify that drivers must help assist disabled people with wheelchairs, scooters and walkers. Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.

If drivers fail to follow Lyft's wheelchair policy, they may be removed from the Lyft platform. Throughout the duration of the agreement, which lasts three years, Lyft must provide written updates to the DOJ every six months regarding its compliance with the agreement.

"We're glad that through this agreement, we will continue improving our policies and making it easier for people with foldable wheelchairs and other collapsible mobility devices to get around using Lyft," a Lyft spokesperson told TechCrunch. "Lyft is committed to maintaining an inclusive and welcoming community, and we're proud that many people with disabilities who were previously underserved by existing transportation options now use Lyft as a reliable, safe, and affordable way to get around."

Lyft has faced a number of accessibility-related discrimination lawsuits over the years. In the event that more lawsuits emerge, Lyft is now required to notify the DOJ within 30 days.

Competitor Uber has similarly faced its share of lawsuits pertaining to drivers discriminating against riders with wheelchairs. Both companies, however, have taken steps to rectify the problem. Last year, Lyft expanded its wheelchair-accessible vehicle service in New Yorkwhile Uber has partnered with paratransit organizations to try to improve wait time for people with powered wheelchairs.

It's worth pointing out the fine line Lyft is walking with its drivers, who are currently independent contractors, despite legislation in California that says otherwise. Since the start of the year, gig worker rights groups have urged companies like DoorDash, Uber, Lyft and Instacart to abide by AB 5. AB 5, which went into law earlier this year, outlines what type of worker can and cannot be classified as an independent contractor.

The law codifies the ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test and decided Dynamex wrongfully classified its workers as independent contractors.

According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it must prove the worker is free from the control and direction of the hiring entity, performs work outside the scope of the entity's business and is regularly engaged in work of some independently established trade or other similar business.

Still, Lyft, Uber, Postmates, DoorDash and Instacart are funding a ballot measure that would seek to make it legal for them to classify workers as independent contractors.

https://techcrunch.com/2020/06/22/l...violation-of-americans-with-disabilities-act/


----------



## Ziggy (Feb 27, 2015)

@MHR - Frankly, I'm surprised that the fine was so low, small businesses that don't provide ADA access regularly get $1-10K fines, yet the multi $B Lyft only gets a $40K fine ...


----------



## MHR (Jul 23, 2017)

Ziggy said:


> @MHR - Frankly, I'm surprised that the fine was so low, small businesses that don't provide ADA access regularly get $1-10K fines, yet the multi $B Lyft only gets a $40K fine ...


Yep, they paid 42k to 4 seperate individuals and 40k to the Treasury.

Still not a huge amount. I wonder what other concessions they had to agree to in order to keep the fine so low.


----------



## Another Uber Driver (May 27, 2015)

MHR said:


> what other concessions


They paid someone a few thousand dollars under the table.


----------



## Lissetti (Dec 20, 2016)

MHR said:


> Lyft is also now required to modify its wheelchair policy to clarify that *drivers must help assist disabled people with wheelchairs, scooters and walkers. *Lyft must also include information about its accessibility policies in the welcome email to new drivers, send quarterly reminders to drivers about the wheelchair policy and create an educational video about the wheelchair policy that highlights best practices for assisting riders.


I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.


----------



## FormerTaxiDriver♧ (Apr 5, 2018)

MHR said:


> *Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act*
> 
> Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,
> 
> ...


Here's my story.... I REFUSED SERVICE, AND I STILL DRIVE FOR THEM.

https://uberpeople.net/threads/i-refused-service-to-fire-arm-carrier-with-wheelchair.367786/


----------



## Stevie The magic Unicorn (Apr 3, 2018)

FormerTaxiDriver♧ said:


> Here's my story.... I REFUSED SERVICE, AND I STILL DRIVE FOR THEM.
> 
> https://uberpeople.net/threads/i-refused-service-to-fire-arm-carrier-with-wheelchair.367786/


And i refused service to a lady with a service dog and got away with it.. course the kids she had that violated the car seat law where the real reason.

AS long as you have another reason to refuse them service it's entirely legal to refuse service.

Also having a picture of them holding an infant totally helps make your case lol...


----------



## Mista T (Aug 16, 2017)

Get ready for more mandatory training videos


----------



## ANThonyBoreDaneCook (Oct 7, 2019)

I thought they were supposed to use the WAV option?


----------



## FaceBob (Jun 21, 2020)

Lissetti said:


> I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.


Not a Pretty picture nor headline u paint

*"Lyft driver deactivated & sued Groping disabled 91YO black Great Grandmother during CHOP Pick up"

CVS, Lyft cars, 7-11 & Wendy's set &#128293; ablaze &#128293; by protesters*


----------



## Stevie The magic Unicorn (Apr 3, 2018)

ANThonyBoreDaneCook said:


> I thought they were supposed to use the WAV option?


Truth of the matter is that for a walker or standard folding wheelchair they don't need to use the wave option.

UberWav is for this type of chair. The type you have no possible hope of getting into a car by yourself, that won't fit in most standard sedans no matter how hard you try.










Wav vehicles are specially modified.


----------



## The Gift of Fish (Mar 17, 2017)

The way that Lyft will deal with this requirement will be to pass the buck onto the drivers. If there is a requirement for all Lyft drivers to take wheelchairs then what Lyft should do is test all of the car models that drivers use to see which ones can take a wheelchair in the trunk, and deactivate every car / remove from the fleet every car that does not comply. This would include many compact cars as well as some midsize (eg Camry Hybrid will not take a wheelchair due to the hybrid battery taking to trunk space).

However, Lyft will do no such thing - they will not want to lose the revenue from these cars, which are probably 30% of their fleet, even though they do not comply with the wheelchair requirement. So they will just leave it up to drivers, many of whom do not own folding wheelchairs and cannot test to see if one will fit in their car. Then, if/when a wheelchair pax comes along and the wheelchair won't fit in the driver's car, Lyft will just say, "Oops! You discriminated against a rider with a wheelchair. We take these issues very seriously at Lyft and we have deactivated your driver account."

In 10,000 rides I have had 3 pax present with a wheelchair. 1 in 3,000. An alternative to Lyft removing all non-compliant vehicles would be to simply send all wheelchair pings to vehicles that have been tested by Lyft to be able to accommodate wheelchairs. If the closest vehicle is an XL then Lyft should cover the cost difference between regular Lyft and XL. Easy peasy lemon squeezy. 

But of course Lyft won't choose either of these options, which are simple solutions to a simple challenge.


----------



## Mash Ghasem (Jan 12, 2020)

*♫♫ Wheelchairs and Walkers and Scooters and crutches... ♫♫
♫♫ These are some of my favorite things ♫♫*


----------



## Stevie The magic Unicorn (Apr 3, 2018)

The Gift of Fish said:


> The way that Lyft will deal with this requirement will be to pass the buck onto the drivers. If there is a requirement for all Lyft drivers to take wheelchairs then what Lyft should do is test all of the car models that drivers use to see which ones can take a wheelchair in the trunk, and deactivate every car / remove from the fleet every car that does not comply. This would include many compact cars as well as some midsize (eg Camry Hybrid will not take a wheelchair due to the hybrid battery taking to trunk space).
> 
> However, Lyft will do no such thing - they will not want to lose the revenue from these cars, which are probably 30% of their fleet, even though they do not comply with the wheelchair requirement. So they will just leave it up to drivers, many of whom do not own folding wheelchairs and cannot test to see if one will fit in their car. Then, if/when a wheelchair pax comes along and the wheelchair won't fit in the driver's car, Lyft will just say, "Oops! You discriminated against a rider with a wheelchair. We take these issues very seriously at Lyft and we have deactivated your driver account."
> 
> ...


You can get a wheelchair in a Camry Hyrbrid..

You crazy...


----------



## The Gift of Fish (Mar 17, 2017)

Stevie The magic Unicorn said:


> You can get a wheelchair in a Camry Hyrbrid..
> 
> You crazy...


Not in mine.


----------



## MikeSki (Apr 2, 2020)

Lissetti said:


> I'm not liking this part, drivers (not Lyft) must assume liability for causing possible injury by improper handling of an elderly or disabled person without any training? Further what if a grandma slips and a driver grapples to catch her fall. Should those flailing hands land in the wrong place, now we have a grope situation.


Better yet pax falls driver tries to catch and winds up with a slipped disc and torn shoulder. Now what? Driver is screwed. Pax will sue. lyft will wash their hands of all of it


----------



## Stevie The magic Unicorn (Apr 3, 2018)

The Gift of Fish said:


> Not in mine.


Are we talking a standard wheelchair?

I've done it more times than i can count, so literally countless times.

But there are times I've had to put it in the back seat with the passenger in the front seat,

And usually it takes some fiddling to get it in but i can get it in.


----------



## The Gift of Fish (Mar 17, 2017)

Stevie The magic Unicorn said:


> Are we talking a standard wheelchair?


I don't know about standard wheelchair; all I know is that I had tried to fit two different folding wheelchairs into the trunk and neither would fit. My Camry Hybrid was a first generation. It is possible that a folding wheelchair would fit into later generations of the car.


----------



## Big Lou (Dec 11, 2019)

MHR said:


> *Lyft settles DOJ lawsuit alleging violation of Americans with Disabilities Act*
> 
> Megan Rose Dickey@meganrosedickey / 2:19 pm CDT•June 22,
> 
> ...


In this culture of COVID-19, there is no way a driver should be obligated to assist any pax much less haul around their medical devices. Social distancing has to prevail. They have medical transportation companies who specialize in transporting people with any type of mobile assist device. If someone wants to ride Uber and take their bed, should we try to accommodate? There is a limit.


----------



## MikeSki (Apr 2, 2020)

Big Lou said:


> In this culture of COVID-19, there is no way a driver should be obligated to assist any pax much less haul around their medical devices. Social distancing has to prevail. They have medical transportation companies who specialize in transporting people with any type of mobile assist device. If someone wants to ride Uber and take their bed, should we try to accommodate? There is a limit.


I picked up an old lady going to the hospital for a biopsy on her lung. She also has bladder cancer and bone cancer. the bone cancer is so bad she was crying over every single movement of the vehicle the entire trip this poor lady was in agonizing pain also had to help her out of the car WTF How they put that crap on us is amazing


----------



## Tr4vis Ka1anick (Oct 2, 2016)

If you cannot find the rider how can you discriminate against them?

The answer is "I could not find the rider". Tap cancel and move on.


----------



## Cvillegordo (Oct 30, 2019)

I canceled a pickup yesterday (at a Food Lion) after the rider called me and said "we're blind, we require assistance." I assumed that meant assistance carrying their groceries. **** that.


----------



## MikeSki (Apr 2, 2020)

Today I picked up a blind guy from the train. I don’t know how the hell he found me. I was really excited to see his 10 year old golden retriever that hasn’t been brushed in a month.


----------



## whatyoutalkinboutwillis (Jul 29, 2017)

MikeSki said:


> Today I picked up a blind guy from the train. I don't know how the hell he found me. I was really excited to see his 10 year old golden retriever that hasn't been brushed in a month.


They are the worse! I had a 'blind' woman who found me from about 200 paces, with a dog that didn't behave like a service dog. She 'claimed' that she had a vacuum that would get the hair out, but when we got to her apartment, suddenly not even her vacuum would work on that hair. I took pictures just in case she tried to complain about my attitude, which I admit was lousy. BTW, her service dog took a dump in the common area the minute they got out. He also managed to do a deep shake before getting out because I guess he hadn't left enough hair in my car.


----------



## kbrown (Dec 3, 2015)

Mash Ghasem said:


> *♫♫ Wheelchairs and Walkers and Scooters and crutches... ♫♫
> ♫♫ These are some of my favorite things ♫♫*
> 
> View attachment 477948


OMG u so stoopid. But I'm lmao. Tasteless and funny. Churlish and inappropriate. I can't stop giggling. I'm sorry.....


----------



## Stevie The magic Unicorn (Apr 3, 2018)

MikeSki said:


> Today I picked up a blind guy from the train. I don't know how the hell he found me. I was really excited to see his 10 year old golden retriever that hasn't been brushed in a month.


I've yet to find a *real* blind guy without playing marco Polo trying to get their attention.

"James Edward Omos... Sir if you can hear me i'm going to grab your hand and help you to the taxi"


----------



## Mash Ghasem (Jan 12, 2020)

kbrown said:


> OMG u so stoopid.


Gee, thanks, u so kind -o:


----------



## Big Lou (Dec 11, 2019)

MikeSki said:


> I picked up an old lady going to the hospital for a biopsy on her lung. She also has bladder cancer and bone cancer. the bone cancer is so bad she was crying over every single movement of the vehicle the entire trip this poor lady was in agonizing pain also had to help her out of the car WTF How they put that crap on us is amazing


Of course you're going to help her but I agree, why is it on us to care for these specialty rides. The hospitals and medical facilities can afford to dispatch specialized transporters for her safety. What if you grab her in the wrong way and harm her more? 
It's all about judgement and common sense.


----------



## MikeSki (Apr 2, 2020)

Big Lou said:


> Of course you're going to help her but I agree, why is it on us to care for these specialty rides. The hospitals and medical facilities can afford to dispatch specialized transporters for her safety. What if you grab her in the wrong way and harm her more?
> It's all about judgement and common sense.


And I DO care, but I'm a rideshare driver if I wanted to work for a living I'd go get a real job


----------



## Demon (Dec 6, 2014)

Tr4vis Ka1anick said:


> If you cannot find the rider how can you discriminate against them?
> 
> The answer is "I could not find the rider". Tap cancel and move on.


Enjoy deactivation.


----------



## simont23 (Jul 24, 2019)

Really funny story. My passenger said he watched a man get his collapsible wheel chair out of his car in the supermarket carpark, unfold it, and position it beside his car seat on the ground, and then slide over into it. My passenger then went over and pounded him a few times. I asked him why, and He said," He was parked in one of our parks!"



MikeSki said:


> I picked up an old lady going to the hospital for a biopsy on her lung. She also has bladder cancer and bone cancer. the bone cancer is so bad she was crying over every single movement of the vehicle the entire trip this poor lady was in agonizing pain also had to help her out of the car WTF How they put that crap on us is amazing


Bloody Trump. Joe and Kamala will sort it.


----------

