6 ms·

Does an uber driver know when they accept a ride that the rider has a dog with them?

TheAdamAndChe 6y ago
It shouldn't matter. As they say in the article, "The bottom line is that under the Americans with Disabilities Act, a guide dog should be able to go anywhere that a blind person can go." If the driver isn't willing to comply with the regulations, then they shouldn't broadcast their services on Uber.
- pygy_ 6y ago
  You are getting downvoted for mysterious reasons, you are of course correct, and this is why the plaintif was awarded $1.1m...
- wccrawford 6y ago
  Uber is required to provide service to that person. An individual driver is not required to. If that particular driver can't, Uber still has to provide that service for the passenger.
  - TheAdamAndChe 6y ago
    This doesn't make sense to me. If a driver isn't capable or willing to be ADA compliant, then why are they driving other people? They shouldn't be.
    - wccrawford 6y ago
      That's saying that people with disabilities shouldn't ever do jobs unless they can do 100% of the job. Instead, the ADA says that companies must make reasonable accomodations for the employee. In this case, it means drivers with allergies don't have to take animals in their cars. For someone with a back injury, it might mean they can stock shelves so long as items are kept under a certain weight. There are plenty of instances of people with disabilities not having to do the full job, because they can do most of the job.
YawningAngel 6y ago
I'm not a lawyer, but it doesn't seem as if it's legal for them to take that fact into account when making a decision
- dragonwriter 6y ago
  If Uber drivers are employees, it is probably legal (and possibly mandatory for the employer) to take the employee health impact into account when assigning employees. If Uber drivers are independent service providers to the passenger matched through a matchmaking service, and the law prohibits discrimination against people with service animals, they probably are not. Different jurisdictions (even within the US) may treat Uber drivers differently resulting in different results.
  - lotsofpulp 6y ago
    ADA is a federal law, so I don't think it would make any difference within the US in different jurisdictions.
    - dragonwriter 6y ago
      > ADA is a federal law, so I don't think it would make any difference within the US in different jurisdictions. ADA applies to employers for their employees disabilities, and providers of goods and services for their customers disabilities. In a jurisdiction where Uber is a provider, the driver is an employee, and the passenger is an Uber customer it may well apply differently than in a jurisdiction where Uber is a third-party-matchmaker-service, the driver is a provider of service to the passenger, and the passenger is a customer of the driver that locates and pays the driver through Uber services.
VBprogrammer 6y ago
Presumably not. Even if they did, what should they do with that information? Service dogs have special status.
- MattGaiser 6y ago
  How does this work for workers with dog allergies?
  - Analemma_ 6y ago
    Service dogs are bred to be hypoallergenic.
    - lotsofpulp 6y ago
      I don’t think service animals have to be hypoallergenic. https://www.ada.gov/regs2010/service_animal_qa.html https://www.ada.gov/regs2010/service_animal_qa.html > Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public? A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo. Edit: also, https://www.ada.gov/service_animals_2010.htm https://www.ada.gov/service_animals_2010.htm > Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
    - shagie 6y ago
      Not necessarily. https://www.ada.gov/regs2010/service_animal_qa.html https://www.ada.gov/regs2010/service_animal_qa.html Q22. Can service animals be any breed of dog? A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.
shagie 6y ago
For service animals, it doesn't matter unless there is a specific reason. https://www.adalive.org/episode5_qas#14 https://www.adalive.org/episode5_qas#14 > Service animals are always permitted to accompany their users in any private or public transportation vehicle or facility. This means that they must be allowed to ride with the person with a disability. > One of the most common misunderstandings about service animals is that they are limited to being guide dogs for persons with visual impairments. But dogs used as service animals are trained to assist people with a wide variety of disabilities, including individuals with hearing and mobility impairments. > One more thing: charging extra fees to carry a service animal and an individual with a disability would also be a violation of the ADA. --- https://www.transit.dot.gov/what-americans-disabilities-act-ada-definition-service-animal https://www.transit.dot.gov/what-americans-disabilities-act-... > DOT ADA regulation 49 C.F.R. Section 37.167(d) requires transit entities to permit service animals to accompany individuals with disabilities in vehicles and facilities. The cited part is https://www.law.cornell.edu/cfr/text/49/37.167 https://www.law.cornell.edu/cfr/text/49/37.167 That section reads: > (d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities.
kube-system 6y ago
I hope not. It shouldn't show any information about their protected disabilities, just in the same way it shouldn't show their age, religion, race, etc. What would anyone legally do with that information?

It shouldn't matter. As they say in the article, "The bottom line is that under the Americans with Disabilities Act, a guide dog should be able to go anywhere that a blind person can go." If the driver isn't willing to comply with the regulations, then they shouldn't broadcast their services on Uber.

pygy_ 6y ago
You are getting downvoted for mysterious reasons, you are of course correct, and this is why the plaintif was awarded $1.1m...
wccrawford 6y ago
Uber is required to provide service to that person. An individual driver is not required to. If that particular driver can't, Uber still has to provide that service for the passenger.
- TheAdamAndChe 6y ago
  This doesn't make sense to me. If a driver isn't capable or willing to be ADA compliant, then why are they driving other people? They shouldn't be.
  - wccrawford 6y ago
    That's saying that people with disabilities shouldn't ever do jobs unless they can do 100% of the job. Instead, the ADA says that companies must make reasonable accomodations for the employee. In this case, it means drivers with allergies don't have to take animals in their cars. For someone with a back injury, it might mean they can stock shelves so long as items are kept under a certain weight. There are plenty of instances of people with disabilities not having to do the full job, because they can do most of the job.

YawningAngel 6y ago

I'm not a lawyer, but it doesn't seem as if it's legal for them to take that fact into account when making a decision

dragonwriter 6y ago
If Uber drivers are employees, it is probably legal (and possibly mandatory for the employer) to take the employee health impact into account when assigning employees. If Uber drivers are independent service providers to the passenger matched through a matchmaking service, and the law prohibits discrimination against people with service animals, they probably are not. Different jurisdictions (even within the US) may treat Uber drivers differently resulting in different results.
- lotsofpulp 6y ago
  ADA is a federal law, so I don't think it would make any difference within the US in different jurisdictions.
  - dragonwriter 6y ago
    > ADA is a federal law, so I don't think it would make any difference within the US in different jurisdictions. ADA applies to employers for their employees disabilities, and providers of goods and services for their customers disabilities. In a jurisdiction where Uber is a provider, the driver is an employee, and the passenger is an Uber customer it may well apply differently than in a jurisdiction where Uber is a third-party-matchmaker-service, the driver is a provider of service to the passenger, and the passenger is a customer of the driver that locates and pays the driver through Uber services.

VBprogrammer 6y ago

Presumably not. Even if they did, what should they do with that information? Service dogs have special status.

MattGaiser 6y ago
How does this work for workers with dog allergies?
- Analemma_ 6y ago
  Service dogs are bred to be hypoallergenic.
  - lotsofpulp 6y ago
    I don’t think service animals have to be hypoallergenic. https://www.ada.gov/regs2010/service_animal_qa.html https://www.ada.gov/regs2010/service_animal_qa.html > Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public? A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo. Edit: also, https://www.ada.gov/service_animals_2010.htm https://www.ada.gov/service_animals_2010.htm > Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
  - shagie 6y ago
    Not necessarily. https://www.ada.gov/regs2010/service_animal_qa.html https://www.ada.gov/regs2010/service_animal_qa.html Q22. Can service animals be any breed of dog? A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.

shagie 6y ago

For service animals, it doesn't matter unless there is a specific reason. https://www.adalive.org/episode5_qas#14 https://www.adalive.org/episode5_qas#14 > Service animals are always permitted to accompany their users in any private or public transportation vehicle or facility. This means that they must be allowed to ride with the person with a disability. > One of the most common misunderstandings about service animals is that they are limited to being guide dogs for persons with visual impairments. But dogs used as service animals are trained to assist people with a wide variety of disabilities, including individuals with hearing and mobility impairments. > One more thing: charging extra fees to carry a service animal and an individual with a disability would also be a violation of the ADA. --- https://www.transit.dot.gov/what-americans-disabilities-act-ada-definition-service-animal https://www.transit.dot.gov/what-americans-disabilities-act-... > DOT ADA regulation 49 C.F.R. Section 37.167(d) requires transit entities to permit service animals to accompany individuals with disabilities in vehicles and facilities. The cited part is https://www.law.cornell.edu/cfr/text/49/37.167 https://www.law.cornell.edu/cfr/text/49/37.167 That section reads: > (d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities.

kube-system 6y ago

I hope not. It shouldn't show any information about their protected disabilities, just in the same way it shouldn't show their age, religion, race, etc. What would anyone legally do with that information?