Sexually-Assaulted Uber Riders Seek Release from Arbitration Provision

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Fourteen women have asked Uber Technologies Inc.’s board of directors to release them from an arbitration provision contained in the Uber app so that they can pursue claims of rape, sexual assault, harassment and gender-motivated violence in the courts rather than in arbitration.

Their open letter points to messages from Uber to the public indicating the company’s commitment to making streets safer and “We do the right thing, period.” The women argue that forcing them to pursue sexual assault and rape claims in secret arbitration as a condition of using the Uber app is contrary to their purported mission of making streets safer.

“Silencing our stories deprives customers and potential investors from the knowledge that our horrific experiences are part of a widespread problem at Uber,” the women state in their letter. “This is not doing the ‘right thing.’”

“Secret arbitration takes away a woman’s right to a trial by a jury of her peers and provides a dark alley for Uber to hide from the justice system, the media and public scrutiny.”

The women say that, when they decided to create Uber accounts, they believed the ride-hailing company’s promise to provide a safe and convenient transportation option. They did not expect the company to perpetuate violence against women and silence their stories of sexual assault by Uber drivers.

According to a CNN report, more than 100 Uber drivers have been accused of sexual assaulting or abusing passengers. The drivers have either been arrested, are wanted by police or are facing civil lawsuits over the alleged incidents, CNN reports.

More than 30 drivers have already been convicted of sexual assault such as forcible touching, false imprisonment and rape. The CNN report was based on a review of police reports, federal court records and analysis of county court databases in more than 20 major U.S. cities.

CNN’s report includes several harrowing stories of women who allegedly experienced abuse from their Uber drivers. One woman hailed an Uber after an evening of drinking in San Diego. She says she asked the driver to stop so she could vomit and subsequently passed out in the backseat of the vehicle. She awoke to find the driver raping her. She reportedly was able to escape and dialed 911 to report the rape.

Her Uber driver was later arrested and sentenced to 80 years in prison for raping the Uber passenger and 33 other counts that included sexual assault of women and children.

Other women interviewed by CNN have also reported being sexually assaulted or abused by Uber drivers while they were passed out in the vehicles after a night of drinking. One woman reported that her Uber driver carried her into her apartment and sexually assaulted her.

In November, two plaintiffs referred to as Jane Doe 1 and Jane Doe 2 filed an Uber class action lawsuit after they were allegedly sexually assaulted by their Uber drivers. They assert their assaults could have been prevented if Uber had taken reasonable steps to protect its passengers.

The plaintiffs claim that thousands of women have been raped, sexually assaulted, harassed and subjected to physical violence since Uber launched in 2010. The Uber class action lawsuit says the ride-hailing company has “created a system for bad actors to gain access to vulnerable victims.”

The plaintiffs are represented by Jeanne Christensen and Elizabeth Chen of Wigdor LLP and by Jamie Couche of Anderson & Poole PC.

The Uber Driver Sexual Assault Class Action Lawsuit is Jane Doe 1, et al. v. Uber Technologies Inc., Case No. 3:17-cv-06571, in the U.S. District Court for the Northern District of California.

UPDATE: On Dec. 17, 2018, Uber riders who filed a class action lawsuit arguing that the ride-hailing service didn’t do enough to prevent rape and sexual assault of its passengers by drivers have agreed to have their claims dismissed.