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DOJ announces settlement with ride sharing company over ADA violations

Federal Issues DOJ Americans with Disabilities Act Enforcement

Federal Issues

On July 18, the DOJ announced a settlement in the U.S. District Court for the Northern District of California to resolve a lawsuit alleging that a ride sharing service (defendant) violated the Americans with Disabilities Act (ADA). According to the complaint, in April 2016, the defendant started charging passengers wait time fees, which charged wait time fees starting two minutes after the defendant’s vehicle arrives at the pickup location, and the fees are charged until the vehicle starts its trip. The DOJ claimed that the defendant violated the ADA by failing to: (i) “ensure adequate vehicle boarding time for passengers with disabilities”; (ii) “ensure equitable fares for passengers with disabilities”; and (iii) “make reasonable modifications to its policies and practices of imposing wait time fees as applied to passengers who, because of disability, require more time to board the vehicle.” According to the settlement agreement, the defendant – who denies any wrongdoing, liability, or fault – must, among other things: (i) pay $1.7 million to more than 1,000 riders who have already complained to the company about being charged wait time fees as a result of a disability; (ii) pay $500,000 to “other harmed individuals identified by the department”; and (iii) pay a $50,000 civil money penalty to the U.S. Additionally, according to the DOJ, the defendant has committed under the two-year agreement to waive wait time fees for all riders who certify that they (or someone they frequently travel with) need more time to get in a car due to a disability. Among other things, the defendant also will ensure that refunds are easily available for anyone who does not have a waiver and is charged a wait time fee because of disability.