this post was submitted on 12 Jul 2023
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Legally blind woman left anxious and in tears after rideshare drivers refuse to pick her up 23 times in six weeks (www.abc.net.au)
submitted 1 year ago by fiat_lux@kbin.social to c/australia@aussie.zone
109 comments fedilink hide all child comments
 

Victorian woman Kathryn Beaton says repeated, illegal denials of service from drivers refusing to allow her guide dog into their vehicles have left her effectively housebound.

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[โ€“] fiat_lux@kbin.social 30 points 1 year ago (1 children)

I believe that drivers who are unable to accept dogs due yo their own disabilities should be able to flag that with Uber to begin with, so they aren't selected for the jobs. I also believe Uber needs to be penalised for illegally refused service, not just individual drivers.

[โ€“] abhibeckert@lemmy.world 2 points 1 year ago* (last edited 1 year ago)

I also believe Uber needs to be penalised for illegally refused service, not just individual drivers.

Uber's legal team would point out that the "individual drivers" are subcontractors (not employees) and as a consequence Uber cannot really control which rides they accept. Allowing freedom to accept or refuse a job is one of the key differentiators between a contractor and an employee and Uber is very clear where they stand on that.

They have to be clear where they stand - otherwise they'd forced to pay minimum wage (In Australia that's $73,125 per year) to drivers even if the drivers don't pick up many passengers.

(Note: there are some regions where Uber drivers are employees - it's a little different there)

Having said that - Uber's contract with drivers prohibits discrimination. Any driver who discriminates is in breach of contract and if there is a plausible complaint, Uber will blacklist the driver. Plausible means you don't even need proof. Contractors are not entitled to an official warning, they don't get severance pay, they can't argue "unfair dismissal". It's very easy for Uber to get rid of drivers in Australia.

As for actual penalties, it varies by state - but the driver could go to jail for it. I bet with a good lawyer, you could settle out of court - the driver would probably rather pay you (and your lawyer) than go to jail. The lawyer might even represent you pro bono if you have enough evidence.

My suggestion is to start discreetly taking a video when the driver picks you up. The video might not be admissible in court (ask a lawyer) but it will give you the ability to remember exactly what happened instead of relying on failable human memory. Having reliable and detailed evidence makes a huge difference in court (and in getting out of court settlements, which is what you really want). Also being legally blind hurts your credibility when relying on your eyesight as a witness. I'm not saying you're unreliable, I'm just saying the lawyer defending a discrimination case will say that - and it might work.