Joanna Szabo  |  November 15, 2022

Category: Legal News

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Woman stands on dark street with her cell phone

Can you request a female Uber driver or are wary female customers going to have to accept a ride with the driver assigned to her request? The question is not as simple as it sounds.

After Uber released a report regarding complaints of sexual assaults by passengers and drivers during 2017 and 2018, an increased number of consumers are looking to better ensure their own safety. Released in December 2019, the report said Uber received 5,981 reports of sexual assault over the course of two years. Of those claims, 464 reports were about rape.

Both female passengers and female Uber drivers have found themselves in unsafe situations, and the companies find themselves facing Lyft and Uber sexual assault lawsuits.

In the high-tech world that offers you the opportunity to hail a ride through an app on your mobile phone, you might think it’s easy to choose whether you would like a man or a woman driver. Not so fast — neither Uber nor Lyft offer you the choice to choose the sex of your driver.

Rideshare companies like Uber have been widely criticized for their safety practices and policies, especially after CNN’s groundbreaking report in 2018 about the dozens of Uber drivers that had reportedly been convicted of serious sexual assault–related crimes.

Following the CNN report, Uber released its own report with safety statistics, including sexual assault. But the 84-page report didn’t bring an end to accusations of inadequate safety measures and responses. Now, the company faces more criticism than ever from victims, legislators, and other critics who are asking about their practices.

Some have pointed out that despite the report’s seeming transparency, Uber and other rideshare companies do their best to keep other safety records away from the public.

Although Uber has been front and center in the discussion of rideshare safety, that doesn’t mean other companies aren’t facing similar issues. Lyft delayed releasing a similar safety report to Uber’s for nearly two years. But in October 2021, Lyft released its first safety report, revealing more than 4,000 reports of sexual assault across the three-year period between 2017 and 2019.

Lyft & Uber sexual assault stories

In 2019, more than a dozen people filed Lyft lawsuits, alleging they were sexually assaulted by Lyft drivers. They claim the company did not secure their safety, and even after informing Lyft of the assaults, the company allegedly failed to take appropriate measures to address their concerns.

One plaintiff who spoke with AP News in January 2020 said she had been celebrating her 21st birthday when a Lyft driver raped her on a ride home.

Caroline Miller told AP, “They didn’t even really say sorry at all. They just said, ‘OK, well we’re going to send you your money back.’ I didn’t even get an email. It was crazy. They kind of just pushed it under the rug, and were like, ‘whatever.’”

Miller and 18 other women have filed a joint lawsuit against Lyft alleging the company should require in-car cameras, perform employee background checks based on fingerprinting, and properly investigate allegations of sexual misconduct.

When Lyft was launched, drivers sported a pink mustache on their car’s grills. The company also advertised with promotions that encouraged bar patrons to drink because Lyft “partnered with select local bars to get you home safe.”

While pushing an image that Lyft was a safe alternative to Uber, Lyft allegedly did little or nothing to ensure they truly provided a safer rider experience, according to pending lawsuits.

Lawsuits continue to pile up against both companies.

Rideshare services catered to women

female rideshare driverA few rideshare start-ups have tried to help women feel safe by employing only women drivers or employing women as a majority of the drivers. Such companies include Safr, Sheba, DriveHer, SheSafe and See Jane Go. The latter announced they were going out of business in January 2018 because of financial hardships.

Despite these companies appearing to have the best intentions, critics have said the gender-specific hiring is discriminatory and paints all men with a broad brush, deeming they are probably sexual deviants. Others argue that just as women often seek female doctors or female masseuses, they should be allowed to obtain a ride from a female driver if that makes them more comfortable.

Safr did face criticism for preferring the hiring of women over men, according to a 2018 Washington Post article. Safr said it does hire men, but the company promotes the fact that anyone who doesn’t want to ride with someone of a different sex doesn’t have to.

Can you request a female Uber driver?

When people ask, “Can you request a female Uber driver?” they are told they cannot do so. However, they can refuse a ride by an Uber driver that they don’t feel comfortable with.

Vicki Schultz, Ford Foundation Professor of Law and Social Science at Yale Law School, told Refinery29.com that allowing customers to choose the sex of their driver could violate federal law. Title VII of the Civil Rights Act only allows an employer to discriminate because of sex when such hiring is a “bona fide occupational qualification” for a position.

In 1981, an airline faced a lawsuit for only hiring female flight attendants. The court ruled that airlines could not hire based on the sex of the applicants because the adequate performance of the duties of a flight attendant is not dependent on the gender of the attendant.

Anyone who has been sexually assaulted by an Uber or Lyft driver might point out the rideshare situation is different than the airline industry. When on a plane, you’re not alone with the flight attendant. When in a rideshare car, you’re often alone with the driver.

Filing an Uber sexual assault lawsuit

If you have been the victim of sexual assault while using a rideshare platform like Uber, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by sexual assault, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, especially when it involves something as traumatic as sexual assault, but you don’t have to do it alone. Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a free Lyft, Uber driver sexual assault lawsuit investigation

If you or a loved one was sexually assaulted by an Uber or Lyft driver in the last two years, you may qualify to join this rideshare driver sexual assault lawsuit investigation. 

See if you qualify by filling out the form on this page for a free case evaluation by experienced sexual assault attorneys. 

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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