A new report from civil rights organization found that drivers of color and immigrant drivers working for Uber and Lyft were more likely to have their accounts deactivated after customer complaints.
The joint report by Asian Americans Advancing Justice–Asian Law Caucus (AAAJ-ALC) and Rideshare Drivers United found that of the 810 drivers surveyed, 69% of non-white drivers said they had faced either permanent or temporary deactivation, as opposed to only 57% of white drivers.
Drivers who didn’t speak English or were not entirely proficient in English were also much more likely to have their accounts deactivated than those who speak the language fluently, according to the survey.
“One of the problems here is that the customer input, or the complaints or the ratings, are completely unchecked,” says Winifred Kao, senior counsel at AAAJ-ALC, noting that many drivers didn’t even know the nature of the allegations against them and did not get a chance to respond. “I think what we found here with the survey is that rideshare drivers were uniquely exposed and vulnerable to that kind of customer discrimination, bias, harassment, and retaliation.”
“I’ve been discriminated against for speaking English with an accent. Most passengers understand me and are respectful, but some people act violently or aggressively because of it. Some have submitted false reports about me,” said Eduardo Romero, who lives in Los Angeles and has driven for Uber and Lyft for five and a half years. “The system is stacked against us. We don't have basic rights or protections.
Despite the power that Lyft, Uber, Doordash, and many other delivery and rideshare companies have over drivers’ access to customers and work, drivers are not employees, but independent contractors. In November 2020, California passed Proposition 22, which legalized this relationship. At the time, the Los Angeles Times reported that gig platforms poured more than $200 million into an advertising blitz in support of the law (a California court struck down the law, but Uber and Lyft have appealed that decision).
Several other drivers who participated in the survey said they had faced incidents of bias and discrimination by customers, including verbal abuse and sexual harassment, but that companies offered little support. Only 3% of those surveyed said their complaints were investigated adequately.
“Drivers are alone in their cars with passengers, and some passengers feel free to let loose in that kind of context,” says Kao. “And the companies not only fail to properly investigate or protect workers from that kind of abuse, they are relying on unchecked customer input ratings and complaints.”
"We pay for our own gas, to fix our cars, for insurance, tires, and so much more. We shoulder all of these costs to keep corporations like Uber and Lyft running, but they don’t reciprocate that commitment to the essential workers of this industry,” said Mr. Chen, who lives in San Jose and has driven for Uber and Lyft since 2017.
“A customer once left their phone in my car. I had to stop my work and drive back to return it, but they filed a false complaint alleging blackmail. Even after offering video from my dashcam to prove that this was wrong, I was deactivated permanently by Lyft. I lost tens of thousands of dollars I invested in a new and larger car for Lyft that I never got back."
“We have a rigorous evaluation process, led by humans, that reviews reports and determines whether temporary or permanent account deactivation is warranted,” says Uber spokesperson Navideh Forghani. “Unless there is a serious emergency or safety threat, we provide multiple warnings to drivers before permanently deactivating their account.” Uber says it has an appeals process available to drivers through the app.
Lyft spokesperson Shadawn Reddick-Smith provided a statement that described the report as “flawed to its core” and not grounded in fact. “Lyft takes safety reports from riders and drivers seriously and reviews and investigates them to determine the appropriate course of action,” the statement said.
As the report details, a key part of the corporations’ algorithmic control relies on user-generated rating systems that are infected by unchecked customer discrimination and bias. Drivers assert that if their customer rating falls below an unpublished threshold, they can be summarily deactivated. Even if a driver has a history of thousands of rides and near-perfect customer ratings, a single complaint, even if based on unfounded or false customer assertions, can trigger a driver’s deactivation.
Nearly half of all drivers who experienced some form of discrimination due to their identity reported that the customer gave them a low rating. 50% of drivers who reported racial bias or discrimination by a customer said that the customer also filed a complaint against them.
“One of the problems here is that the customer input, or the complaints or the ratings, are completely unchecked,” says Winifred Kao, senior counsel at AAAJ-ALC, noting that many drivers didn’t even know the nature of the allegations against them and did not get a chance to respond. “I think what we found here with the survey is that rideshare drivers were uniquely exposed and vulnerable to that kind of customer discrimination, bias, harassment, and retaliation.”
Despite the power that Lyft, Uber, Doordash, and many other delivery and rideshare companies have over drivers’ access to customers and work, drivers are not employees, but independent contractors. In November 2020, California passed Proposition 22, a law that codified this status. At the time, the Los Angeles Times reported that gig platforms poured more than $200 million into an advertising blitz in support of the law (a California court struck down the law, but Uber and Lyft have appealed the decision).
Several other drivers who participated in the survey said they had faced incidents of bias and discrimination by customers, including verbal abuse and sexual harassment, but that companies offered little support. Only 3 percent of those surveyed said their complaints were investigated adequately.
“Drivers are alone in their cars with passengers, and some passengers feel free to let loose in that kind of context,” says Kao. “And the companies not only fail to properly investigate or protect workers from that kind of abuse, they are relying on unchecked customer input ratings and complaints.”
“To get the companies to respond, you have to relentlessly call, email, and visit the hub office and pray that you’re lucky,” says Nicole Moore, president of Rideshare Drivers United, a rideshare driver association based in California. “For drivers who don’t use English, there’s no route forward. It’s an exercise in wearing people down until they give up.”
Additional key findings from the survey include:
- 69% of drivers of color experienced some form of deactivation, compared to 57% of drivers who identify as white
- 86% of drivers who do not speak English and 78% of those with limited English proficiency reported experiencing some form of deactivation, compared to 61% of drivers who are fluent in English
- 30% of deactivated drivers were not given any explanation or reason why Uber or Lyft deactivated them
- 43% of surveyed drivers reported experiencing sexual harassment on the job
- One in four drivers received a low rating from a customer after enforcing COVID masking rules
- 45% of all deactivated drivers believe customer discrimination led to their deactivation
- Provide just cause and due process for deactivated drivers by establishing a clear, transparent policy and fair and timely hearing proceedings that are easily accessible to drivers
- Address customer bias and discrimination against drivers by conducting transparent investigations and removing economic incentives for customers to file complaints without merit
- Provide drivers with all the basic labor protections afforded to workers classified as employees
- Protect drivers from workplace violence and sexual harassment by instituting safety measures in consultation with drivers and consistent with state and federal health and safety standards
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