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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLyft Driver in Indianapolis Kicks Gay Couple Out of Car After They Kiss
[link:https://slate.com/news-and-politics/2018/05/lyft-driver-in-indianapolis-kicks-gay-couple-out-of-car-after-they-kiss.html|
That cannot be legal? Right?
Loki Liesmith
(4,602 posts)His car and hes an independent contractor.
gyroscope
(1,443 posts)Uber drivers use their vehicles to conduct a business that is open to the public, which makes it against the law for them to discriminate. according to Uber it is their policy to follow all federal and state laws regarding discrimination. besides it being illegal to kick someone out due to their sexual orientation, the driver will likely lose his or her job.
https://www.uber.com/legal/policies/non-discrimination-policy/en/
Loki Liesmith
(4,602 posts)Thats a question of Uber policy, not law.
Lyft classifies its employees as independent contractors. Title VII specifically does not apply to ICs. But Uber/Lyft can fire whomever it wants for whatever reason. Doubt you could take legal action against employee though.
gyroscope
(1,443 posts)Uber follows all federal and state laws against discrimination.
I don't know why people think they have a right to discriminate just because they have their own business. If you own your own restaurant does that give you the right to deny service to gays and blacks? Good luck with that.
Loki Liesmith
(4,602 posts)But they are following them as policy. If they considered themselves legally bound by the law I dont know why theyd announce they follow them. Its like announcing: I follow all state and federal laws against Capital Murder. Of course you do. Thats how law works.
In any case, their drivers are not employees and the legal status of the driver is questionable.
You could potentially sue Lyft. You *might* win bc of Title VII but its at least in doubt and Lyfts lawyers might prevail. But you couldnt sue the driver. And I dont think any legal penalty would accrue to him.
gyroscope
(1,443 posts)what makes you think owning your own business gives you the right to discriminate?
Uber is a private business. driving for Uber as an independent contractor is also a private business.
federal law says any private or public business open to the public may not discriminate based on race, color or religion. hence it it not legal for an Uber driver, who is running a private business, to refuse service to a black or muslim person. in addition many states have laws against discrimination based on sexual orientation including Indiana.
mahatmakanejeeves
(57,600 posts)discrimination against people on the basis of their sexual orientation when it comes to employment. Any ordinance that does prohibit discrimination would be a local or state one.
I could be wrong. But: Look at all the teachers who have been fired for entering into same-sex marriages. I can Google for examples, if you need them.
Lyft can follow all the Federal laws it wants, but if there is no law, then the issue becomes one of Lyft policy. or state or local law or ordinance.
dawg day
(7,947 posts)There was an agreement and payment. There was nothing in the agreement that said you couldn't kiss. The driver violated the agreement, not the kissers.
DanTex
(20,709 posts)This would fall under discrimination against customers in a public accommodation.
mythology
(9,527 posts)there's likely no protection at the state level and there isn't any protections for sexual orientation in federal law.
The city of Indianapolis does have a city ordinance protecting sexual orientation.
Lyft itself has sexual orientation in their terms of service, but those same terms of service always include a clause about the business's right to change those terms at their discretion.
This sort of thing is why we need laws specifically to grant those protections.
Ms. Toad
(34,087 posts)And it is neither a distinct protected class under federal law, nor is there solid case law prohibiting it under the gender discrimination bans in federal law
So yeah - we can marry - but in many places, that's about the extent of it.
(Which is why the push to end domestic partnership benefits is premature. If Partner A (working for a bigot) gets benefits from Partner B's job (working for an enlightened company), and Partner B's job ends domestic partner benefits because gays can get marriednow, once Partner A and Partner B actually get married (creating a public record that anyone can access), Partner A willl likely lose her job - without any legal recourse.
So the couple is forced to choose between benefits for Partner A and a job for Partner A.
Demsrule86
(68,667 posts)the bigoted scumbag.
Loki Liesmith
(4,602 posts)Hes unemployable.
Demsrule86
(68,667 posts)And I think Trump has empowered the racist scum and homophobes as wello.
MLAA
(17,327 posts)I encourage you to report it to Lyft HQ. I am very new to using Lyft but there must be a vehicle (ah a pun) to report this deplorable and unacceptable behavior.
PJMcK
(22,048 posts)I would have said, "Fuck off." Let the driver try to call the cops. The driver didn't deliver the service he advertised. He was due exactly nothing.
Why are some people such assholes?
RhodeIslandOne
(5,042 posts)All the money/credit cards are exchanged thru the app.
PJMcK
(22,048 posts)Although I live in NYC, I rarely take a cab but when I do, I hail a yellow taxi.
Could the people in the story challenge the charge with the credit card company?
RhodeIslandOne
(5,042 posts)What happened to them truly sucked, but Lyft refunded them and fired the guy.
PJMcK
(22,048 posts)Response to Soph0571 (Original post)
Name removed Message auto-removed
gyroscope
(1,443 posts)he is working under the company's rules, not his own. the driver may have his own rules, but if they conflict with the company's rules, or the government's laws, that driver will be deactivated.
Lyft has confirmed the driver has been deactivated for breaking their rules.
Response to gyroscope (Reply #14)
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MineralMan
(146,329 posts)uppityperson
(115,679 posts)Some days I miss the hot tub room conversations.
MineralMan
(146,329 posts)now that a post has been removed.
MineralMan
(146,329 posts)Eliot Rosewater
(31,121 posts)a POC and they are going to do just that.
MineralMan
(146,329 posts)A real pity, that...