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Can Uber and Lyft drivers refuse a passenger for any reason?

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MolGoldberg
29
 Posted 2 weeks, 3 days ago

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My Uber driver who drives for like four companies told me he can deny service and cancel any requests whenever and for whatever reason  Is this true?

I feel like there has to be a guideline and some mandate from Uber. 

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    momof4
    7607 Rider Driver
     2 weeks ago

    Yes we can. Unless you are giving driver hard time, being disrespectful, obnoxious, making a mess etc... drivers dont want to kick you out. I've never kicked anyone out in over 2200 rides. Came close one night with 6 drunk idiots. RedAnt's comment gives reasons why we cant kick you out. 

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      Uberserge
      427 Rider Driver
       1 week ago

      My car my rules, I'm an IC. 

      GTFO and automatic 1*

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      MolGoldberg
      29
       1 week ago

      Right, but being disrespectful, and verbally or physically violent are indeed good reasonable reasons for kicking them out. I was thinking more in the line of weird reasons like:

      - The driver hates the way the person looks.

      - The driver discriminates against based on gender, race, age, etc.

      - The driver just doesn't like the look or someone.

      - The driver found that the passenger is completely naked. (legally or not)

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        JBurd
        184 Rider
         1 week ago

        LOL - being completely naked in public is illegal in the USA!  I don't think the driver has to take you anywhere if you are breaking the law!  

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    Uberserge
    427 Rider Driver
     2 weeks ago

    Ultimately, drivers are IC, they can refuse requests,  it’s their private car. But once they are at pickup, there are some guidelines. As per Uber &  Lyft drivers can’t discriminate for gender, race and they must give a ride to pax with support animals. That is regardless of them being allergic to the support animal such as dogs. If the ride has been started and things go sideways, the passenger can leave a comment and the driver could be deactivated. If the ride hasn’t started and the driver cancels and drives away, there isn’t much a pax can do.


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      BehindTheName
      111 Rider
       1 week ago

      There is a difference between being deactivated and doing something illegal.

      I am asking this seriously, because I don't know.  You said drivers can be deactivated but is this illegal?  Can this even be criminal?

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        Uberserge
        427 Rider Driver
         1 week ago

        Illegal? As per Uber or Lyft? Or ADA?

        U/L will deactivate the driver on any complaint but especially from a pax with a support animal. Half the dogs, probably more that get in my car don't have proper paperwork but if I question the pax and they complain, I'm gone.

        U/L are like LAPD, shoot first and ask questions later.

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          BehindTheName
          111 Rider
           1 week ago

           I mean by state or federal law.  I get it that it's bad and you can be deactivated. I am now curious if this is considered illegal and whether the driver could be sued by the riders.   What about getting fined by the law enforcement and being arrested or criminally charged?

          I am so curious I submitted a question.  Of course, this would be a lot more relevant if I ever drove an Uber. haha

          https://ride.guru/lounge/p/is-it-actually-illegal-for-a-driver-to-deny-a-passenger-with-a-service-animal-or-based-on-religion-race-or-gender 


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            Uberserge
            427 Rider Driver
             1 week ago

            You can use my referral link and sign up to drive UBER 😆

            Seriously, as per ADA, American's with Disabilities Act prohibits all ride for hire vehicles to refuse rides for passengers. A taxi driver can be sued probably since they are governed by regulators. 

            Uber and Lyft constantly send e-mails to drivers not to refuse rides to anyone with a support animal. That supersedes a situation like the driver to be deadly allergic to a dog or a cat. They can easily fix it in the app but they don't, they force drivers with allergies to suffer. Go figure!

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      RedANT
      1034 Rider Driver
       2 weeks ago

      For clarification, the service animal restriction only applies to ADA service dogs, NOT emotional support animals.  

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        Uberserge
        427 Rider Driver
         2 weeks ago

        Good luck on that, so you ask for their papers? A couple of complaints from pax to UBER, you're gone, shoot first ask questions later. Uber is always on the pax side.

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          RedANT
          1034 Rider Driver
           2 weeks ago

          In most cases you can spot legitimate service animals.  If you suspect the dog isn't, you can ask "Is that an ADA service animal" and "what is it trained to do."  

          If they say that it's for emotional support, you CAN refuse the ride, just be damn sure to have that conversation on dashcam, immediately contact Uber/Lyft to notify them that the animal you refused was  NOT an ADA service animal, and when they seek clarification via email, attach a copy of the dashcam video to prove your point.  Pictures also help.  I have refused several "non legit" animals this way over the years and am still fine.  Just make sure to cover your ass.

          I generally don't mind transporting non-support dogs, however if the passenger lies, is belligerent or combative I will refuse.  If the animal is dirty, wet or mangy I may also refuse during busy hours because a dirty/wet/shedding dog can put me offline to clean during rush and cost ...

          Read more...

          In most cases you can spot legitimate service animals.  If you suspect the dog isn't, you can ask "Is that an ADA service animal" and "what is it trained to do."  

          If they say that it's for emotional support, you CAN refuse the ride, just be damn sure to have that conversation on dashcam, immediately contact Uber/Lyft to notify them that the animal you refused was  NOT an ADA service animal, and when they seek clarification via email, attach a copy of the dashcam video to prove your point.  Pictures also help.  I have refused several "non legit" animals this way over the years and am still fine.  Just make sure to cover your ass.

          I generally don't mind transporting non-support dogs, however if the passenger lies, is belligerent or combative I will refuse.  If the animal is dirty, wet or mangy I may also refuse during busy hours because a dirty/wet/shedding dog can put me offline to clean during rush and cost me a lot of money. 

          A couple of years ago, when I was a noob, I was nice and agreed to transport a dog.  After dropping them off I picked up my next passenger, businessman heading to the airport, and mid-trip he exclaimed "WTF?  I'm covered with dog hair!"  His business suit was COVERED in  fur, and this guy was headed to a client meeting.  I received 1*, complaint about a "dirty car" and no tip for my troubles.  

          Read less...

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            FannyPack24
            65
             1 week ago

            Damn. "belligerent or combative."  hahaha.  that's reason to cancel whether there is an animal or not!

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    RedANT
    1034 Rider Driver
     2 weeks ago

    That's partially right.  The driver can refuse to transport you for any reason EXCEPT having a ADA service animal, or because of your race religion, sex, age, etc.  

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      MaisieCy89
      81 Driver
       1 week ago

      I think you are right....  However, I may have to challenge it because everyone else strongly suggests, "Yes, the drivers can do whatever they want because they are independent contractors."

      I would imagine if you are an employee, sure, you are held by those laws to discriminate.  However, if you are an individual just driving your own car, are you still held to the same laws?

      Didn't they find the baker in Colorado have the right to NOT cook that wedding cake for that gay couple? I think he verdict was that he can discriminate because he shouldn't have to be forced to do render service for anyone.

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        RedANT
        1034 Rider Driver
         1 week ago

        1.  You may be an independent contractor, but you are also a licensed business entity that's required to comply with the ADA and non-discrimination laws.   If you discriminate, YOU, the business entity,  are liable and can be sued.

        2.  Uber and Lyft both have very strict rules prohibiting discrimination.  If you refuse service as required under the ADA, or if you choose to illegally discriminate based on race, religion, sex, etc, you will be PERMANENTLY BANNED from that platform.  No arbitration.  No appeal.  Terminated.  

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        BehindTheName
        111 Rider
         1 week ago

        huh. you bring up a good point.

        If I am driving my own car, driving around personally, I can drive anyone or anything I want and I also have the right to refuse it, say based on "I just don't like you."

        Now, if I am actually "working" as a contractor, would the rules change?  I think it would.  You go into a business arrangement with someone the moment you decided to pick them up.

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          Uberserge
          427 Rider Driver
           1 week ago

          GTFO and 1*, it's the right thing to do under certain circumstances

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    RobinH74
    29 Driver
     1 week ago

    So, looking at the responses, I see the consensus is that they can cancel for any reason at all.  Independent contractor.  check.

    Is this why Uber stopped penalizing drivers for having low acceptance rates?  Are they legally not allowed to use that information to treat their contractors differently?Just curious.

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      Uberserge
      427 Rider Driver
       1 week ago

      There’s no legal precedent for IC. However, part of the settlement Uber agreed to is to not deactivate drivers for low AR (acceptance rate). But they’ll turn your app off after three declined rides or put you in unspoken time-outs by not sending you pings. 

      There’s a difference between low acceptance rates and cancellations. You can only cancel after you accept a request. So study the ping and don’t accept if it’s not what you want. Then you won’t have to cancel a lot, unless you’re working drunk hours and the pax is totally bent out of shape then cancel and show them your tailpipes. No one is puking in my car.