November 3, 2020

New Lawsuit against Uber Alleges Civil Rights Violations

Uber is no stranger to accusations of labor and consumer rights violations, including charges of monopoly behavior, racial bias in poor neighborhoods, wage violations and preventing workers from accessing social welfare during the pandemic. Now, adding to this list, is a new lawsuit filed by former driver Thomas Liu alleging Uber violated non-white drivers’ civil rights protected by Title VII of the 1964 Civil Rights Act.

Title VII should be familiar to just about anyone who has looked for a job or offered one. It specifically prohibits denying employment based on race, color, sex, religion, or national origin, and is enforced by the Equal Employment Opportunity Commission (EEOC). According to the suit, Liu claims that Uber’s arbitrary driver rating system unfairly discriminates against non-white drivers. 

Uber’s 5-star rating system is generated by passengers, and as Edward Ongweso, Jr. notes for Vice, Uber fires drivers who fall under a 4.6-star rating. Liu’s argument is that 

“Uber's use of its star rating system to terminate drivers constitutes unlawful discrimination based on race, both because it has a disparate impact on non-white drivers and because Uber is aware that passengers are prone to discriminate in their evaluation of drivers, but Uber has continued to use this system, thus making it liable for intentional race discrimination,” 

The EEOC had initially handled Liu’s case, but came to no conclusion about whether the system violated Title VII. However, it did issue a right to sue letter. As Ongweso, Jr. points out, this will be a hard case to prove because of “data asymmetry,” which, in this case means all the data that could help prove Liu’s case is held by Uber exclusively, and the company is not forthcoming with it.

With a vote on Proposition 22 in California today, this is another important case which may have ramifications not just for Uber but other so-called “platforms” in the gig economy that also rely on user ratings to assess workers. Liu’s lawsuit highlights the pervasive and larger issue of algorithmic bias in numerous areas including employment, law and technology where putatively impartial methods are used to determine hiring and firing decisions, sentencing and bail, and even the type of search results one is likely to see. 


white line

The Weekly Roundup: Employment Numbers Remain High as Job Losses Persist

August 28, 2020
Race Discrimination
The jobs report, released early Thursday morning, indicates job losses persist, with first-time unemployment claims above 1 million for the second straight week and continuing claims still north of 14 million. This comes as Congress remains on summer recess, having failed to shore up an extension of the enhanced stimulus that was propping up the economy. With the unemployment numbers still shaky, this week we’re taking a closer look at just who is being affected.

Commuting & NYS Workers’ Compensation: What Employers & Employees Need to Know

August 26, 2020
No items found.
Employers and employees who have questions about parental leave should talk to an experienced labor and employment law attorney. Learn how we can help.

Pods: What Are They and Are They Right for Me and My Family?

August 25, 2020
No items found.
We first started hearing the term “pod” a couple weeks after lockdown began. Initially, it was something to describe a collection of immediate family or friends with whom we could safely interact. At the same time, people started using the term to refer to extended child care units. Parents began banding together to pool child care resources when daycare facilities closed, schools shut down, and the domestic care industry was no longer an option.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.