[HN Gopher] Justice Department sues Uber for overcharging people...
       ___________________________________________________________________
        
       Justice Department sues Uber for overcharging people with
       disabilities
        
       Author : pseudolus
       Score  : 116 points
       Date   : 2021-11-10 19:03 UTC (3 hours ago)
        
 (HTM) web link (www.justice.gov)
 (TXT) w3m dump (www.justice.gov)
        
       | Someone1234 wrote:
       | What they ask in relief:
       | 
       | > The lawsuit seeks relief from the court, including ordering
       | Uber to stop discriminating against individuals with
       | disabilities. Additionally, the department asks the court to
       | order Uber to modify its wait time fee policy to comply with the
       | ADA; train its staff and drivers on the ADA; pay money damages to
       | people subjected to the illegal wait time fees; and pay a civil
       | penalty to vindicate the public's interest in eliminating
       | disability discrimination.
        
         | DiabloD3 wrote:
         | "bUt UbEr DrIvErS aReN't EmPlOyEeS" -- Uber, 2019
        
           | rchowe wrote:
           | The wait fees are imposed by the app, not the driver.
           | 
           | It makes sense that disability accommodations should be part
           | of Uber's normal service standard and supported by their
           | technology.
        
       | recursive4 wrote:
       | A few thoughts come to mind:
       | 
       | - How should a person with disabilities indicate that they have a
       | disability requiring extra time in a fraud proof manner?
       | 
       | - Should all disabilities be treated equally?
       | 
       | - Who decides how much time should be granter per?
       | 
       | - Should this same policy apply to people with ephemeral
       | injuries?
       | 
       | - Should Uber compensate the driver for this extra time to ensure
       | the driver is still incentivized to pick up people with
       | disabilities?
       | 
       | - Why, ethically, should this cost fall on Uber instead of the
       | driver? Either way an inefficient market is being created here
       | because the government is stepping in and saying that a
       | transaction made between two rational actors is unfair even if
       | those parties agree to the terms of the transaction (unless Uber
       | is a monopoly). If the driver is not compensated fairly for their
       | time, why is this sacrifice ethically permissible?
        
         | ad404b8a372f2b9 wrote:
         | Being disabled you get to experience the wonders of the free
         | and efficient market every day.
         | 
         | For example when you need to go somewhere, as a rational actor
         | you can choose with your wallet:
         | 
         | * You can choose to go by foot using the sidewalks that aren't
         | accessible.
         | 
         | * You can choose to use public transport which is not
         | accessible.
         | 
         | * You can call a cab and pay an exorbitant amount as long as
         | you don't tell them that you're disabled or they won't come and
         | they might still leave when they see you.
         | 
         | * You can call an Uber which is quite pricy as well as long as
         | you don't tell them you're disabled or they won't come and they
         | might still leave when they see you.
         | 
         | Thankfully after three years of bureaucratic mazes and appeals,
         | the magnanimous state has granted you benefits, although they
         | don't constitute a living wage and don't allow you to pay rent
         | nor food. (The glorious free market has given you a choice of
         | one of twelve accessible dwellings in a radius of a 100km so
         | that you may rationally choose the lowest rent.)
         | 
         | Since you can't pay for rent and food and transportation you'll
         | need to find a job to pay for your lavish lifestyle. Now if
         | it's before 2020 don't expect remote work, disability
         | associations have been asking for it for 10 years for jobs that
         | don't require physical presence but as everyone knows that's
         | entitlement of the highest order. Although if it's after 2020
         | then it stops being entitlement because the average person
         | needs it and wants it.
         | 
         | Now if you've managed to get yourself an education before hand,
         | despite your health issues, your inability to go outside, and
         | your general standing as a second-class citizen, then you
         | should be able to get a remote job, and even if it stops being
         | remote you should be able to pay to go there using the methods
         | listed above. Although if you make below or up to the median
         | salary, it'll cost your more to go to and from work than what
         | you earn there, also you no longer have your benefits. But at
         | least you get to be part of society as long as it's the only
         | place you go because leisure is entitlement.
         | 
         | This is not fiction, this is how I got my first job, although
         | Uber wasn't a thing back then, and you couldn't be remote. Also
         | I didn't have benefits, I did freelance while I was doing a
         | Masters at a college I couldn't attend because of
         | transportation costs, save for the exams. Then when I got my
         | first job I did pay more than my salary in cab fares using my
         | savings and the rest of my college loans until I could move up
         | and get a higher salary.
        
         | JumpCrisscross wrote:
         | These are good questions. They have been mostly answered by the
         | law, rules and public paperwork. Past a certain size, having a
         | dedicated team working on disability is not only the right
         | thing to do, it's almost essential to ensuring compliance.
         | (Below that size, a consultant.) Dealing with disability is
         | complicated; "disability" deals, by definition, with edge
         | cases.
        
         | whimsicalism wrote:
         | > Why, ethically, should this cost fall on Uber instead of the
         | driver? Either way an inefficient market is being created here
         | because the government is stepping in and saying that a
         | transaction made between two rational actors is unfair even if
         | those parties agree to the terms of the transaction (unless
         | Uber is a monopoly).
         | 
         | You are relying on "ethical" principles that I would say are
         | alien to the vast majority of people.
         | 
         | There is no reason why Pareto efficiency should be ethically
         | prioritized if the alternative is welfare enhancing in the
         | aggregate.
        
           | recursive4 wrote:
           | Respectfully, I don't think we can say axiomatically that
           | welfare is enhanced in the aggregate by Uber stakeholders
           | ({drivers|employees|shareholders}) sacrificing in favor of
           | the disabled because the Nth degree ethical consequences are
           | unknowable.
        
             | whimsicalism wrote:
             | My claim is that there is nothing about Pareto efficiency
             | that is ethically preferable to a situation in which more
             | people are better off.
             | 
             | Arguing that this policy would render some consensual
             | exchanges illicit is irrelevant, because I don't think the
             | most ethical outcome is axiomatically realized by solely
             | consensual exchange without any coercion.
        
           | toolz wrote:
           | Can you describe to me a situation in which reaching pareto
           | efficiency would, in your opinion, not be the optimal state
           | for the welfare of the aggregate? I'm trying to imagine a
           | situation where resources are optimally distributed where
           | that would be suboptimal for the welfare of everyone.
           | 
           | edit: I'm new to the concept of pareto efficiency, so
           | hopefully this reads more as a sincere question rather than a
           | challenge to your opinion
        
             | whimsicalism wrote:
             | Sure.
             | 
             | Imagine a situation with two people and a state-like actor.
             | 
             | One person has all of the food in the entire world minus
             | one loaf of bread. The other person has one loaf of bread.
             | After they eat that loaf, they will probably die of
             | starvation in the next 30 days.
             | 
             | This is a Pareto efficient distribution.
             | 
             | If the state-like actor intervened and re-distributed some
             | of the food to the other person (with coercion), I would
             | argue that aggregate welfare would be improved.
        
               | jjk166 wrote:
               | That's not a pareto efficient distribution. The efficient
               | option would be for the person with bread to sell bread
               | to the person without bread in exchange for future labor.
               | 
               | Pareto efficiency is defined to be an economic state
               | where resources cannot be reallocated to make one
               | individual better off without making at least one
               | individual worse off. If a redistribution can make things
               | better, it is not an efficient state.
        
               | whimsicalism wrote:
               | > The efficient option would be for the person with bread
               | to sell bread to the person without bread in exchange for
               | future labor.
               | 
               | Okay, with work, let's say they are given the bare
               | minimum to survive and they will get their work done (no
               | rational reason to offer a higher wage). It would still
               | be welfare enhancing to re-distribute.
               | 
               | > If a redistribution can make things better, it is not
               | an efficient state.
               | 
               | This is just straight-up false, no other comment. Not
               | what Pareto efficiency. The redistribution makes the
               | person taken from worse off.
        
               | jjk166 wrote:
               | If they both have the bare minimum to survive,
               | redistributing from one to the other puts the first below
               | the minimum. If someone has a surplus, the efficient
               | thing is to trade it. If they don't, redistribution hurts
               | them as much as it helps another. There is no free lunch.
               | 
               | Again, that is the definition of pareto efficiency.
        
               | whimsicalism wrote:
               | > If someone has a surplus, the efficient thing is to
               | trade it.
               | 
               | With only two people, the most efficient thing to do is
               | to trade it for the bare minimum the other person needs
               | to survive. Beyond that is not Pareto efficient.
        
               | jjk166 wrote:
               | Yes, you give someone the bare minimum they need to
               | survive. Then they want more. Now you're back to the
               | situation where you have a surplus and they're willing to
               | trade, the efficient thing is to trade your surplus.
               | Continue repeating until one of you dies of old age, and
               | the remaining survivor has all the bread.
               | 
               | So long as you have surplus, and that surplus has value,
               | it makes sense to trade it, rather than have it sit idle.
        
               | whimsicalism wrote:
               | Yes, someone living their entire life on subsistence
               | amounts of bread while the other person has a great 3
               | meals a day is not a welfare optima.
        
               | jjk166 wrote:
               | I don't think you're understanding this. As long as
               | person A has more bread than they're going to eat, and
               | person B still wants more bread, it is still optimal to
               | trade. A well fed individual can do more labor than a
               | minimally fed person who can in turn do more labor than a
               | dead person. As person B's quality of life improves, they
               | are in an ever better position to trade. The bread is
               | worthless to person A, it doesn't matter how little
               | person B gives for it, it is still optimal.
               | 
               | It does not become Pareto efficient until person A is
               | worse off by trading bread, by which point they no longer
               | have enough to completely satisfy their needs.
        
               | toolz wrote:
               | That makes sense, I guess there's subjectivity involved
               | as to what that would look like as I imagine the death of
               | one of those people would be an unwanted consequence to
               | the person with all the food and as such the first person
               | would be better off giving food to the starving person.
               | 
               | Your point makes sense to me now though, so thanks
        
               | whimsicalism wrote:
               | > unwanted consequence to the person with all the food
               | and as such the first person would be better off giving
               | food to the starving person.
               | 
               | Doesn't really play out that way in actual real life
               | (people still starve every day and both you and i
               | probably have the resources to stop at least one of those
               | starvation deaths), so didn't think of including this
               | altruism in my toy model
        
               | recursive4 wrote:
               | This is a straw-man description of the ethics of Pareto
               | efficiency. Even as such, if the second person has
               | nothing the first person desires, what obligation does
               | the first have to share their bread? Why can't the second
               | person make bread or an alternative? Are they unable to,
               | and if so, are they strictly a burden on the first
               | person?
        
               | whimsicalism wrote:
               | Yes, you are coming from a very objectivist/libertarian
               | perspective that I reject.
               | 
               | It's not a straw-man description of Pareto efficiency,
               | it's a toy example designed to answer a very explicit
               | question by the GP. What I described was a Pareto
               | efficient distribution, and not the most welfare
               | enhancing one.
               | 
               | What if neither person can make bread and the other just
               | happened to inherit it all from their parents? Who is
               | burdening who?
               | 
               | And that's before we get into the real-world ethics of
               | whether we can honestly claim that contemporary wealth
               | distributions are _really_ derived from consensual
               | interaction. Why should the descendents of nobility be
               | entitled to wealth deriving from what are effectively
               | violent takings?
               | 
               | I don't know - the whole deontological libertarian
               | project in this sense seems like it has gaping holes.
        
               | recursive4 wrote:
               | I _share_ the objectivist standpoint that, as long as
               | wealth is accrued through fair transactions, having
               | occurred without coercion (including monopoly influence)
               | and because parties provided equitable value to each
               | other, it (and its distribution to heirs over time) is
               | ethically acceptable.
        
               | InitialLastName wrote:
               | So then you'll agree that in a society where people
               | without jobs are precluded from survival, labor is (in
               | effect) coercive. Thus, any wealth accrued by arbitraging
               | the labor of others was unethically gained and fair game
               | for redistribution up to the point where joblessness is
               | no longer an existential threat?
        
               | josephcsible wrote:
               | The fact that you need something to survive doesn't mean
               | that every transaction providing it is coerced. Do you
               | consider it coercion when you shop at the grocery store?
        
               | RHSeeger wrote:
               | > what obligation does the first have to share their
               | bread
               | 
               | None. However, part of the role of government (I would
               | likely say it's entire role) is to make society as a
               | whole better. It does this by imposing rules
               | (obligations) on members of that society (taxes, a force
               | to enforce the concept of private property, etc).
               | 
               | In the toy case described above, it is likely to the
               | benefit of society to have both members survive and one
               | member be unhappy; rather than have one member survive,
               | but be happier. Hence, the government enforces an
               | obligation on the first person to share their food.
        
         | kelnos wrote:
         | > _- Should this same policy apply to people with ephemeral
         | injuries?_
         | 
         | Are these sorts of things considered "disabilities" though,
         | from the perspective of ADA and other disability-related laws?
         | A bunch of years ago I broke my foot and was on crutches for 8
         | weeks. I don't recall it being that difficult to get to my
         | Ubers in time (they may have been more lax with wait time back
         | in 2014). It didn't occur to me to even think I should be
         | entitled to extra time.
         | 
         | > _- Should all disabilities be treated equally?_
         | 
         | I would assume not? IIRC the key phrase in disability cases is
         | "reasonable accommodation". I think it's reasonable to grant
         | someone extra time if they have a mobility issue, but perhaps
         | not if they have something like diabetes?
         | 
         |  _- How should a person with disabilities indicate that they
         | have a disability requiring extra time in a fraud proof
         | manner?_
         | 
         | That might not matter? From what I understand, the ADA (and
         | similar laws) are worded and interpreted to give the person
         | claiming a disability the benefit of the doubt. I would guess
         | that Uber is expected to eat the cost of fraud here, unless
         | they can prove in specific instances fraud occurred. In
         | general, though, the opposite case is much worse: denying an
         | accommodation because you (erroneously) believe no
         | accommodation is needed can get you in big trouble.
         | 
         | > _- Should Uber compensate the driver for this extra time to
         | ensure the driver is still incentivized to pick up people with
         | disabilities?_
         | 
         | Personally I would say yes, definitely. I know this isn't how
         | Uber works from the driver perspective, but the "meter" should
         | start running as soon as the driver gets to the pickup spot.
         | Uber eats (or builds in) the cost of a reasonable "grace
         | period" for riders, which is Uber's decision. Ignoring the
         | disability question, if Uber drivers were truly independent
         | contractors and had full autonomy, they could certainly decide
         | to give riders _zero_ time: either be at the pickup location
         | _already_ when the driver arrives, or you miss your ride. (Not
         | saying this is a _good_ policy, but in theory this could be
         | something that 's allowed; pre-Uber taxis in San Francisco
         | would sometimes do this, and it sucked.)
         | 
         | Not sure if Uber should specifically note "this person is
         | disabled so you'll be getting a little more money as
         | compensation for waiting longer"; probably not? Though I guess
         | after they accept the ride and arrive at the pickup point,
         | they'll see their required pickup wait time be 8 minutes
         | instead of 4 (or whatever), so they'll at least know at that
         | point.
         | 
         | > _- Why, ethically, should this cost fall on Uber instead of
         | the driver?_
         | 
         | Because, despite Uber's insistence that drivers are independent
         | contractors and are not employees, Uber still sets ride pricing
         | and does not give drivers all that much flexibility in what
         | fares they are willing to take (that is, they don't give
         | drivers much information up-front about fare details, to avoid
         | discrimination).
         | 
         | Ultimately, though, the cost will more likely fall on riders
         | (all riders, that is), not drivers; the rational response here
         | from Uber will be to raise the cost of _every_ ride slightly,
         | in order to cover the added cost to transport people with
         | disabilities.
        
           | RHSeeger wrote:
           | > the rational response here from Uber will be to raise the
           | cost of every ride slightly, in order to cover the added cost
           | to transport people with disabilities.
           | 
           | And ironically, one of the reasons a lot of people like Uber
           | is because it's cheaper than cabs... because it ignores
           | regulations. Complying with regulations has a cost.
        
         | gabriel_fishman wrote:
         | Keep in mind the following scenario:
         | 
         | A user with a disability books an Uber. They are unable to get
         | to the Uber within the allotted time. The driver leaves. The
         | customer then books another Uber, and this time successfully
         | makes the trip. The customer calls Uber to refund the
         | cancellation fee, which Uber does. Uber is then out the time
         | the first driver took to reach the destination, the driving
         | time, and the cost of the customer service contact (which can
         | be quite expensive). They also have to deal with reputational
         | and regulatory risk. This isn't an invented scenario - I've
         | seen this happen.
         | 
         | Wouldn't it be less costly for Uber for the driver to just wait
         | an extra 5 minutes?
         | 
         | > How should a person with disabilities indicate that they have
         | a disability requiring extra time in a fraud proof manner?
         | 
         | There are already systems for allowing people with disabilities
         | to qualify for reduced fares or paratransit - typically
         | involving having your doctor send a letter to the local transit
         | agency. Uber could either replicate such a system, or they
         | could accept documentation from a local transit agency or they
         | could allow people to self-designate and eat the cost of fraud
         | (my guess is that stigma and lack of awareness of the program
         | will prevent a lot of people from fraudulently using it).
         | 
         | > Should all disabilities be treated equally? > Who decides how
         | much time should be granter per?
         | 
         | Ideally you'd make a decision based on an individual's needs,
         | but if I was a product manager for Uber I'd just just set a
         | high limit for everyone who qualified for the program initially
         | and then figure out later if something more complex is needed
         | based on how much time drivers are actually waiting. If this
         | program helps Uber reduce the number of cancellation/re-
         | bookings/1-star reviews
         | 
         | > Should this same policy apply to people with ephemeral
         | injuries?
         | 
         | Yes, temporary disabilities are disabilities.
         | 
         | > Should Uber compensate the driver for this extra time to
         | ensure the driver is still incentivized to pick up people with
         | disabilities?
         | 
         | Yes, for exactly the reason you mentioned
         | 
         | > Why, ethically, should this cost fall on Uber instead of the
         | driver? Either way an inefficient market is being created here
         | because the government is stepping in and saying that a
         | transaction made between two rational actors is unfair even if
         | those parties agree to the terms of the transaction (unless
         | Uber is a monopoly). If the driver is not compensated fairly
         | for their time, why is this sacrifice ethically permissible?
         | 
         | First, I'm not convinced that Uber having to pay for extra
         | waiting time is against UBER's best interest - see the scenario
         | above. But even if it were on balance a net cost to Uber,
         | society has an interest in ensuring that everyone is able to
         | travel and do all the things that travel enables (any kind of
         | in-person commerce, healthcare, etc).
        
         | [deleted]
        
       | alberth wrote:
       | Dumb question: so who gets the money from this lawsuit?
       | 
       | Does the government keep it or does the government distribute it
       | to all who were impacted?
        
         | dawsmik wrote:
         | On the DOJ website, they were asking for reimbursement of past
         | disabled people who had to pay a fee to be paid.
        
       | dastbe wrote:
       | article from nytimes with more context and uber's response:
       | https://archive.md/AHBG4
       | 
       | not to pick a side, but doesn't the crux of the lawsuit fail if
       | uber is now waiving wait fees for people who have a disability?
       | or are they also going after drivers who cancel/harass riders who
       | have disabilities, similar to what happened with lyft?
        
       | KarlKemp wrote:
       | Now that's a lawsuit that is going to cost you in PR about ten
       | times what any fine will likely amount to, a hundred times what
       | you made with the policy, and exactly as much as you deserve for
       | being a caricature of the scumbag corporation stereotype.
        
         | oh_sigh wrote:
         | This seems like a crime through lack of thought not a willful
         | middle finger to the disabled to make a few percent more in
         | late fees.
        
           | erehweb wrote:
           | Possibly. But if you're a big company, then not thinking
           | about the impact of your product on the disabled is wilful
           | ignorance, even if it doesn't make you that much more money.
        
           | Miner49er wrote:
           | Uber has a long history of discriminating against people with
           | disabilities. I'd be shocked if they didn't know that this
           | was a problem.
        
       | slownews45 wrote:
       | Looking at this uber charged folks with disabilities on the same
       | basis as those without, not differently. So the discrimination
       | claim is that they should have not charged folks with
       | disabilities the waiting fee.
        
       | jedberg wrote:
       | A perfect example of equality vs equity. Uber treated everyone
       | _equally_ , but it wasn't _equitable_.
       | 
       | I feel bad for the drivers. I have kids and I know it takes me
       | longer to get in the car than just an adult. I wish there was a
       | way to indicate in the app "traveling with kids" so the driver
       | could get a bonus for picking me up, which I'd gladly pay for.
       | 
       | But in this case, Uber should still pay the driver the waiting
       | fee but not charge the rider. It should be on Uber to cover this
       | cost of doing business.
        
         | stefan_ wrote:
         | Is it 2009 again and Uber was just founded? Meanwhile, in 2021,
         | there isn't a fee or tip that this ethical void of a company
         | has not stolen from its drivers.
         | 
         | You are right, they should pay, but we certainly should not
         | rely on their goodwill or initiative to do so.
        
         | ghostbrainalpha wrote:
         | Off topic, but man I can't tell you how many times I have read
         | a really good comment and then looked to see the username and
         | its jedberg.
         | 
         | I don't know if you comment a crazy amount, or I just agree
         | with everything you say, but it's literally happened 30-40
         | times.
        
         | kyleee wrote:
         | Good point. Honestly I don't think that uber should allow
         | drivers to use any vehicles not equipped for wheel chair
         | transport. The discrimination and inequity, as you've noted,
         | runs very deep with uber and indeed many other companies
        
           | InitialLastName wrote:
           | This is a good case of perfect being the enemy of better. Why
           | should Uber (and, by extension both drivers and users) be
           | forced to treat all users as if they are the most expensive
           | users? Assuming that 10% (WAG) of Uber cars are currently
           | wheelchair-accessible, and a rule like that doubles the
           | number of wheelchair-accessible Uber cars, you've cut your
           | total supply by 80% to satisfy a small percentage of users
           | (and in doing so made the experience worse for those users as
           | well, because they are now competing for a smaller supply).
        
             | podgaj wrote:
             | > Why should Uber (and, by extension both drivers and
             | users) be forced to treat all users as if they are the most
             | expensive users?
             | 
             | It's about kindness. These companies want to treat ALL
             | customers as the least expensive user. Don't you realize
             | that this demeans YOU and much s it does the disabled?
        
               | InitialLastName wrote:
               | Sure, and I agree that Uber should be ensuring sufficient
               | supply of wheelchair-accessible vehicles, but this is
               | really another place where Uber's model (treat their
               | drivers like independent companies whenever it is
               | convenient to Uber) falls apart.
        
             | slg wrote:
             | >Why should Uber (and, by extension both drivers and users)
             | be forced to treat all users as if they are the most
             | expensive users?
             | 
             | The same reason we require businesses to install wheelchair
             | ramps.
             | 
             | A business has to follow all laws. If a business can't do
             | that in a cost effective manner that is the business's
             | problem and not the law's.
             | 
             | Laws also aren't always all good or all bad. Sometimes they
             | include both positive and negative consequences. Making it
             | more expensive to do business is a tradeoff that society
             | has decided to accept in the name of making the world more
             | accessible to people with disabilities.
        
               | goatlover wrote:
               | But in this case, the business relies on drivers
               | providing their own vehicles. The tradeoff would be that
               | most drivers would no longer be able to drive for Uber.
        
               | slg wrote:
               | It doesn't matter who pays for it. That is a debate
               | between Uber at its drivers. All that matters it the
               | requirements for the service that is provided to the
               | public.
               | 
               | If Uber can't afford to pay for it and/or they lose
               | drivers because drivers refuse to pay for it, those are
               | Uber's problems and not the law's.
        
               | ApolloFortyNine wrote:
               | >those are Uber's problems and not the law's.
               | 
               | It becomes a problem for the citizens when the cost of
               | this policy causes prices to skyrocket due to artificial
               | scarcity.
        
               | slg wrote:
               | Should we also allow companies to run sweatshops and dump
               | pollutants in the local water supply because not doing
               | those things causes price to skyrocket?
        
               | cortesoft wrote:
               | The law doesn't require all cars be equipped for
               | wheelchairs, just that wheelchair users can get service
               | for the same price and same wait time as others. You can
               | accomplish that without requiring all cars to have
               | wheelchair access.
        
               | slg wrote:
               | I'm not the one who suggested that all Uber vehicles need
               | to be wheelchair accessible. However increasing the
               | current percentage of their fleet to an acceptable level
               | will have costs associated with it that either Uber or
               | its drivers will need to cover.
        
               | goatlover wrote:
               | It potentially becomes a problem for the public if we
               | lose a commonly used transportation service, if Uber and
               | it's drivers can't afford to pay for it.
        
               | jedberg wrote:
               | Wheelchair ramps don't create an ongoing cost. It's a one
               | time cost.
        
               | slg wrote:
               | I'm not sure why it matters whether the cost is one time
               | or ongoing. Either way, wheelchair ramps were simply one
               | example. There are plenty of other accessibility
               | considerations that do have ongoing costs. Elevators are
               | probably the most similar parallel that have both an
               | upfront cost and an ongoing maintenance cost and are
               | often required for the same accessibility reasons.
        
               | [deleted]
        
             | duskwuff wrote:
             | > 10% (WAG) of Uber cars are currently wheelchair-
             | accessible
             | 
             | I'd be surprised if it were even 1%. As far as I'm aware,
             | stock passenger vehicles are never wheelchair accessible --
             | it requires some expensive aftermarket hardware to be
             | installed.
        
               | InitialLastName wrote:
               | Sure, I just made up a number in the tail to make the
               | point, hence the "Wild-Ass Guess" in the tail (I need a
               | better flag for "estimate for numerical simplicity
               | only"-type numbers).
        
               | rnotaro wrote:
               | It's the first time i've seen "WAG".
               | 
               | I was thinking about "Worldwide AggreGate" or something
               | like that when i've read your comment.
        
             | _3u10 wrote:
             | Because few companies / cities / etc do it without being
             | regulated to do so. I would imagine in the case of Uber
             | they will grant additional time for anyone who files with
             | them the paperwork indicating they require an
             | accommodation. Generally speaking if Uber extended the wait
             | period to 5 minutes for everyone it would also be in
             | violation of the ADA as again, they are not providing an
             | accommodation for people with disabilities.
             | 
             | ADA exemptions exist for small companies where it would be
             | unreasonable to bear the additional costs.
             | 
             | Fundamentally it's a political question of what kind of
             | society we want, do we want one where cities have to make
             | curb cuts in sidewalks or do we want one in which it is
             | extremely difficult for wheelchair users to use sidewalks.
             | The balance the US has currently settled on is that small
             | business is largely exempt, and larger businesses must
             | accommodate.
             | 
             | It should be noted that this case has not been ruled
             | against Uber yet, and that the suit revolves around wait
             | times, not wheelchair accessible cars.
             | 
             | To be honest once accessibility standards are adopted by
             | society at large they are not very expensive in general. It
             | is however, VERY expensive when accessible goods and
             | services are not provided at scale.
        
           | raisedbyninjas wrote:
           | There is no way this would work. This would limit uber
           | vehicles to at least a modified minivan. Most school buses
           | and public transport buses are not wheelchair accessible.
           | Those orgs have specialized vehicles that can be dispatched
           | as needed. It's fine to require the same of Uber.
        
             | OldHand2018 wrote:
             | I can't remember that last time I saw a public transport
             | bus that wasn't wheelchair accessible. It may not be
             | completely obvious, but the floor at the front of the bus
             | flips out onto the sidewalk and the air suspension lowers
             | the bus to make it level. The front seats fold up to reveal
             | a wheelchair area, complete with belts and attachment
             | points to keep a wheelchair safely in place.
        
             | andylynch wrote:
             | Not at all- for example, London taxis are wheelchair
             | accessible as standard.
        
               | whymauri wrote:
               | Just looked it up and it's true -- this is actually
               | pretty cool!
        
           | GaryTang wrote:
           | _> "I don 't think that uber should allow drivers to use any
           | vehicles not equipped for wheel chair transport"_
           | 
           | Poor and handicap people will suffer more so from a price
           | hike resulting from your suggestion -- disabled people should
           | just pay more because (1)they are taking up more time to
           | service and (2)they receive benefits that everyone else
           | doesn't to compensate for such scenarios. The way it is
           | currently setup is likely the most optimal configuration for
           | all parties involved.
        
             | alistairSH wrote:
             | "I got mine, screw the rest of y'all"
             | 
             | If we used your plan, there would be no taxis for the
             | disabled because the costs would be prohibitive. This isn't
             | really any different than any other similar
             | legislation/regulation (ADA, etc).
        
               | jjk166 wrote:
               | That doesn't logically follow. It's not cost prohibitive
               | to equip a small fraction of ubers with the equipment to
               | transport the fraction of customers who need it. Indeed,
               | some fraction of uber drivers are going to have handicap
               | accessible vehicles simply because they or members of
               | their household need those features anyway. Having such
               | features is a competitive advantage - you can take
               | passengers no one else can and thus secure their
               | business. It only becomes prohibitive when you need an
               | enormous surplus of equipment well in excess of demand -
               | then this expense doesn't lead to serving more customers,
               | it's just a burden that needs to be borne by existing
               | customers.
               | 
               | Existing legislation doesn't require all vehicles, or
               | even all commercial vehicles to be handicap accessible.
               | Hell they don't even require that vehicles be made such
               | that they can be converted to handicap accessible.
               | Current legislation requires that accommodations are
               | available, not that they are ubiquitous. We put
               | wheelchair ramps on buildings because without them there
               | is no way for a wheelchair bound person to get in, but
               | it's fine if there are stairs as well.
        
               | alistairSH wrote:
               | I never said all Ubers should be wheelchair accessible. I
               | was responding to your assertion that wheelchair-bound
               | customers should bear all the cost of their
               | accommodations.
               | 
               | Currently, in most cities, a certain number/% of taxis
               | are required to be wheelchair-accessible. It's a bare
               | minimum, usually with wait time well in excess of what
               | the rest of us would consider reasonable (DC states it
               | averages 45 minutes, but I can call a cab in 10-15
               | minutes notice or hail one on the street in less time
               | than that).
               | 
               | If there was a market for equivalent service for
               | wheelchair-bound customers, it would exist already. The
               | market simply doesn't exist, at least not in any way that
               | makes financial sense. So we have regulations to force
               | it.
               | 
               | Having a blind family member who encounters similar
               | issues on a daily basis, I'm totally fine with
               | socializing the cost of her accommodations. To do
               | otherwise would just be greedy and mean.
        
               | jjk166 wrote:
               | You may not have made that claim, but GP comment did, and
               | it's the context of this discussion.
               | 
               | If you are waiting longer for a specialty service, you
               | are in essence paying a premium for it (your time has
               | value). If people were willing to pay more for the
               | service, more cars would voluntarily provide the service,
               | and they would get served faster.
               | 
               | I'm also fine with socializing the costs. Put a tax in
               | place to pay for this public service. Commanding Uber to
               | do it on their own is essentially just a regressive tax
               | on uber customers.
        
               | andylynch wrote:
               | It can be a win for users more generally- a wheelchair
               | accessible cab also turns out to be quick to jump in and
               | out of, and has amazing space for people and luggage.
        
               | GaryTang wrote:
               | > _"There would be no taxis for the disabled because the
               | costs would be prohibitive."_
               | 
               | This is 100% false because I know for a fact if there was
               | no other taxi company providing services to the disabled
               | I would start my own company for the disabled today.
        
               | jedberg wrote:
               | No you wouldn't. You would quickly find that the market
               | is too small to be worthwhile.
               | 
               | There is a reason the ADA exists. Because before then,
               | everyone assumed businesses would cater to disabled
               | people because they wouldn't want to lose out on the
               | business. But it turns out they are such a small market,
               | it doesn't affect their bottom line.
        
               | RHSeeger wrote:
               | And don't forget that you'd wind up having to charge more
               | than the other transport companies in the area, because
               | your costs are higher. And then you'd wind up getting
               | sued, because you're charging disabled customers more
               | than your competitors are charging other people (and
               | people love to sue over stuff like this, even if the
               | result is "oh well, now you get NOTHING").
        
               | GaryTang wrote:
               | > _"You would quickly find that the market is too small
               | to be worthwhile."_
               | 
               | How many markets will be too small to be worthwhile after
               | prices increase? I would wager it would be more than the
               | contrary
        
               | jakelazaroff wrote:
               | Why do you think prices will increase so much? There's a
               | limit to how much people can pay for a service, even if
               | they fundamentally need it. And I'd wager that in
               | aggregate, people with disabilities are _more_
               | financially limited than people without.
        
               | GaryTang wrote:
               | What comes to mind is the fact that the prevalence of
               | adults with a disability in the United States is
               | significantly higher in rural areas compared to large
               | metropolitan areas and those rural areas are already
               | underserved by commuting options given the current model.
               | 
               | To your point that they are more financially limited --
               | that is the reason why disability benefits exist.
        
               | jedberg wrote:
               | Probably a lot. And they won't be served anymore. All the
               | more reason the government has to mandate serving
               | disabled people.
               | 
               | You're arguing that the free market will serve disabled
               | people. That's been tried many times, and it never works
               | out. That's why the government mandates serving disabled
               | people.
               | 
               | And let's not even talk about the ethics of suggesting
               | that disabled people get charged more just for being
               | disabled, something they don't have control over.
        
               | uoaei wrote:
               | This kind of fallacious reasoning is very pernicious.
               | 
               | It assumes very simple cause-effect relationships by
               | default. See "fallacy of the single cause".
               | 
               | It cannot be countered except by elaborating on the
               | complexities of this particular example. Which are then
               | promptly dismissed out of hand because they are "special
               | cases".
               | 
               | And as a result, the person using this rationale never
               | learns their lesson that, actually, the world is much
               | more complicated than that, and this kind of simple 1-2-3
               | doesn't fit with basically anything except those
               | processes which are determined primarily by averages.
        
           | oliv__ wrote:
           | How about a button in the app that says "I need a wheelchair-
           | accessible car".
        
           | handrous wrote:
           | How do normal taxi services handle this? I really have no
           | idea. I assume better, since they'd have already dealt with
           | these sorts of suits decades ago if they didn't.
        
             | OldHand2018 wrote:
             | I looked into buying a taxi medallion recently - they are
             | historically very cheap and would dramatically increase in
             | value if Uber and Lyft fail.
             | 
             | Turns out that there are a lot of financial incentives
             | available from city/state/federal governments for attaching
             | the taxi medallion to a wheelchair-accessible vehicle.
        
             | alistairSH wrote:
             | For wheelchairs, in DC and the suburbs (VA and MD), the
             | customer calls and asks for a wheelchair-accessible taxi.
             | IIRC, taxi fleets are required to maintain a certain % of
             | the fleet as wheelchair-accessible. Wait times for dispatch
             | can be quite long.
             | 
             | In DC, there's an initial fee (charged for the pickup and
             | first 1/8 mile). Additional wait-time fees start accruing
             | after 5 minutes. Mileage/time fees then get added by the
             | meter as the ride progresses. This formula applies to all
             | taxis - wheelchair or not.
        
               | rjzzleep wrote:
               | Does it cost the same? I'm all for charging everyone the
               | same, but just seeing how it was in the family, helping
               | the wheelchair person into the car, it's not an easy
               | task.
               | 
               | Of course I don't think that the complaint here is only
               | about wheelchairs.
        
               | alistairSH wrote:
               | Yes, cost to consumer is the same, by regulation.
               | Maintaining part of the fleet as handicapped-accessible
               | is just part of doing business, despite the additional
               | costs associated with acquiring/maintaining wheelchair-
               | accessible vehicles (usually vans or buses with hydraulic
               | lifts/ramps).
        
             | andylynch wrote:
             | Depends on the city. Some make it a mandatory part of
             | having a licensed cab.
        
           | mushufasa wrote:
           | Regular taxis have this. It's probably one of the
           | contributing reasons why taxis are more expensive than uber
           | on average.
        
           | newsclues wrote:
           | If Uber needs to mandate all vehicles must be equipped for
           | disabled people, then costs will go up and non disabled
           | people who are low income will suffer the increase in costs
           | to accommodate disabled people.
           | 
           | By trying to be fair to specific groups, you tend to make
           | things unfair for others.
        
             | rayiner wrote:
             | And accommodating small minorities with outsized needs
             | often generates the greatest unfairness to others.
        
               | vageli wrote:
               | Reminds me of the time when Berkeley deleted their online
               | content.
               | 
               | https://www.insidehighered.com/news/2017/03/06/u-californ
               | ia-...
        
             | podgaj wrote:
             | Then maybe we should change something more fundamental?
             | Like maybe not have an economic system that depends on some
             | false notion of social darwinism?
        
           | goatlover wrote:
           | Wouldn't that rule out most drivers, since most drivers don't
           | have wheel chair ramps in their vehicles?
        
         | [deleted]
        
         | radu_floricica wrote:
         | There is no "cost of doing business". You're asking that the
         | riders without children cover the extra cost. It's an
         | interesting proposition and we can of course discuss it, but
         | please, for the sake of all that is rational and logic, don't
         | pretend the money comes from thin air.
        
           | jedberg wrote:
           | I think you confused what I said. I said that people with
           | children should pay extra, but disabled people should not.
        
       | foo92691 wrote:
       | Wait fees seem pretty reasonable. Maybe the solution is to have
       | them subsidized by the government for qualified individuals.
        
         | recursive4 wrote:
         | This is my personal opinion.
         | 
         | If society decides that a sacrifice should be made in favor of
         | a disabled Uber customer, society should incur that cost and
         | compensate the Uber driver the market rate for their time.
         | 
         | Wait fees, in this case, are not being used (in the abstract)
         | to discriminate because there is an time cost inherent in this
         | business model that somebody needs to inur.
        
           | [deleted]
        
           | jdmichal wrote:
           | Should society also pay grocery stores for lost throughput
           | when someone with a disability takes longer to check out?
           | Where exactly does this line of logic end?
        
             | missedthecue wrote:
             | I think people feel differently about Uber's situation
             | because unlike a grocery cashier who must spend extra time
             | assisting a slower customer, an Uber driver isn't getting
             | paid in the meantime.
        
               | Miner49er wrote:
               | Uber will need to pay them, otherwise drivers will have
               | grounds for a lawsuit next.
        
               | missedthecue wrote:
               | Uber is a marketplace not an employer. They're like an
               | Ebay but for car rides. Does Ebay owe you money if you
               | wasted your time listing an item that didn't sell?
        
             | recursive4 wrote:
             | Good questions. Are they going to lose business because of
             | lower throughput?
             | 
             | Ultimately the nature of codifying altruism in the law is
             | that someone must sacrifice for someone else; the
             | sacrificer and as well as the recipient of the sacrifice
             | are subject to an Overton window.
        
           | vkou wrote:
           | When a private business has to meet the legal demands set out
           | by laws governing serving disabilities, it is up to the
           | business in question to shoulder those costs, not society.
           | 
           | Don't like it? Close down shop. Someone else's business will
           | replace you, you won't be missed, and life will go on.
           | 
           | It's outrageous to suggest that private businesses have to be
           | bribed so that they follow the law.
        
             | xboxnolifes wrote:
             | It's not about "bribing". It's about using positive
             | incentive-based economic policy instead of outright bans if
             | certain regulations aren't met. Requiring companies to
             | support certain things doesn't suddenly make them free.
             | 
             | Either way, society eventually shoulders the costs. It just
             | comes down to which members shoulder it more.
        
               | RHSeeger wrote:
               | >> It's outrageous to suggest that private businesses
               | have to be bribed so that they follow the law.
               | 
               | > It's not about "bribing". It's about using positive
               | incentive-based economic policy instead of outright bans
               | if certain regulations aren't met.
               | 
               | And, to be very clear, this is done constantly. If you
               | leave your home to go anywhere but a nature walk, I
               | guarantee you you pass within close range of at least
               | entity that is getting/generating some sort of rebate or
               | similar for following a regular. Energy rebates alone are
               | everywhere you look.
        
               | kelnos wrote:
               | > _Either way, society eventually shoulders the costs. It
               | just comes down to which members shoulder it more._
               | 
               | Right. In this case, the question is: should Uber riders
               | as a whole shoulder the cost of accommodations for
               | disabled people (presumably Uber could make the price of
               | _every_ ride slightly more expensive in order to
               | compensate for the added cost for disabled riders), or
               | should society as a whole bear this cost (via taxes and
               | subsidies), including people who don 't use Uber?
               | 
               | I think a reasonable argument could be made for either,
               | honestly.
        
       | annoyingnoob wrote:
       | After Prop 22, I gave up on Uber. Uber never gets another penny
       | from me. Not surprised that Uber shifts responsibility.
        
       | [deleted]
        
       | gabriel_fishman wrote:
       | My girlfriend has a visual impairment. When it's dark outside, it
       | can take awhile for her to locate the Uber and get to it. A
       | number of times she's been unable to locate the Uber and the
       | driver has just left. I'll have to look and see if she's been
       | charged wait fees.
       | 
       | There was another incident which was caused by a very poor UI
       | decision by Uber (or maybe just a bug). She scheduled a ride in
       | advance from her work to a doctor's office. Then when she went to
       | get a ride home (this time in real time, not scheduling in
       | advance), the origin was set by default to the last place she
       | scheduled a ride from - her workplace, NOT her current location
       | at the doctor's office. She didn't realize that Uber wasn't doing
       | its usual thing of setting the origin to your current location,
       | so the driver showed up at her workplace. She ended up paying the
       | driver cash to come to the doctor's office and pick her up from
       | there.
        
       ___________________________________________________________________
       (page generated 2021-11-10 23:02 UTC)