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Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by pkaye on Tuesday March 20, 2018 @04:04PM (#16632033)
But that brings up the question if an Uber driver with a severe dog allergy has a disability that needs accommodation?
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by DanBC on Tuesday March 20, 2018 @04:17PM (#16632154)
The accommodation is for that driver to provide medical evidence when they're employed, and then for Uber to only allow drivers with previously declared allergies to decline dogs.

Since Uber still claims it's not an employer it's going to continue to not provide this, which means they'll face dual claims: from guide-dog owning passengers and allergic-to-dog drivers, both of which are being discriminated against by Uber's illegal practice.

Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by kbutler on Tuesday March 20, 2018 @05:20PM (#16632780)
It's not a settled question whether a taxi can refuse service to a person with a service animal to accommodate a driver's allergies. Some jurisdictions allow it, some do not. It may also depend on the severity of the driver's allergy.
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by gaius on Tuesday March 20, 2018 @04:06PM (#16632049)
No it doesn't. There's no law granting the right to work as an Uber driver.
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by pkaye on Tuesday March 20, 2018 @04:18PM (#16632162)
So does that mean an employer has no obligations give accommodations to the disabled given there is no law granting a right to work at a particular job?
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by ncallaway on Tuesday March 20, 2018 @04:31PM (#16632295)
That's the painful thing about the gig economy. They aren't employees, and Uber isn't their employer.

They are independent contractors, that is a separate business entity. Which means, you're right that Uber is under no obligation to give accommodations to their drivers, since they are not an employer.

It's...not a situation I'm a fan of, but it's the current legal status quo.

Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by emidln on Tuesday March 20, 2018 @05:23PM (#16632808)
The 5th Circuit disagrees with this assessment and has allowed independent contractors to sue for ADA violations (http://www.ca5.uscourts.gov/opinions/pub/15/15-50314-CV0.pdf).
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by pkaye on Tuesday March 20, 2018 @04:48PM (#16632478)
Assuming they are independent contractors, what is Uber's responsibility for discriminatory behavior by its contractors? Would those sames responsibility apply to home owners who hire independent contractors?
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by jackhack on Tuesday March 20, 2018 @04:17PM (#16632149)
Employers must provide "reasonable accommodation" to those with disabilities.
Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by vuln on Tuesday March 20, 2018 @04:41PM (#16632389)
Employers must provide "reasonable accommodation" to their employeers. Uber drivers are not "Employees" of Uber they are Independent Contractors. The driver has the right to refuse letting anyone in their vehicle. The vehicle is owned/leased by the driver not Uber. Uber has very minimal control and liability when it comes to said vehicle.

Gotta love "disruption" /s

Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by oldcynic on Tuesday March 20, 2018 @04:51PM (#16632508)
> The driver has the right to refuse letting anyone in their vehicle

Whilst complying with the law. Self employment does not exempt you.

A disabled passenger would have grounds for a case against the "self employed" driver if that driver refused carriage, or did not stop when they saw a service animal.

> The vehicle is owned/leased by the driver not Uber

As are many (most?) taxis and private hire vehicles.

Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by dragonwriter on Tuesday March 20, 2018 @05:22PM (#16632799)
> Uber driver with a severe dog allergy has a disability that needs accommodation?

There are three questions there: is an severe dog allergy legally a disability, is the driver in a relationship which entitles accommodation (regular employment would normally qualify, being a contracted supplier of service might not), and is a reasonable accommodation available.

Re:Texas Woman with Cerebral Palsy: Uber Denied Her Service ... by s73v3r_ on Tuesday March 20, 2018 @05:21PM (#16632788)
Why would it be any different than a taxi driver in that situation?