On Wednesday, Nov. 10, the U.S. Department of Justice (DOJ) sued the ride-sharing service Uber Technologies Inc. (Uber), alleging that the company has discriminated against customers with disabilities and acted in violation of Title III of the American with Disabilities Act (ADA).

The lawsuit was filed in the U.S. District Court for the Northern District of California.

In a press release from the DOJ, the department notes that Uber “charg[ed] ‘wait time’ fees to passengers, who, because of disability, need more time to enter a car” and emphasized that the policy and implementation of the policy “…harmed many passengers and potential passengers with disabilities throughout the country.”

The policy first began in April 2016 and passengers were charged wait time fees in specific cities; however, the wait time fee then expanded, impacting potential customers and customers all across the U.S. The wait time fee was intended to pay drivers who waited more than two minutes to enter the vehicle.

Prior to April 2016, the New York Times noted that Uber did not pay their drivers until the ride was started. The policy was put in place to ease frustrations from drivers who waited extended periods of time as they waited for their passengers to enter their vehicle.

“…Uber violates the ADA by failing to reasonably modify its wait time fee for passengers who, because of disability, need more than two minutes to get in an Uber car,” the DOJ alleged. “Passengers with disabilities may need additional time to enter a car for various reasons.”

The DOJ argued that Uber failed to provide the appropriate amount of time for boarding a vehicle to passengers with disabilities, make modifications to their policies to accommodate passengers with disabilities and ensure that fares are equitable for passengers with disabilities.

Reportedly, Uber discussed the policy with the DOJ, stating that passengers with disabilities that alerted Uber that they were charged the wait time fee were refunded. Their policy has now been updated to waive the wait time fee for passengers with disabilities.

Uber spokesman Matt Kallman released a statement for Uber, arguing that Uber’s policies do not violate ADA. He also noted that Uber “…will keep improving [their] products to support everyone’s ability to easily move around their communities.”

In the lawsuit, the DOJ is asking the court to order Uber to seize its discrimination against individuals with disabilities, as well as “order Uber to modify its wait time fee policy to comply with the ADA, train its staff and drivers on…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.”

The DOJ has previously investigated ride-share companies such as Lyft Inc. for discriminating against passengers with disabilities. In 2020, Lyft settled the lawsuit after revising their policies for passengers with disabilities, as well as paid damages to four passengers and a civil penalty.

The DOJ asks that Uber customers subjected to discrimination based on their disability due to wait times fees contact the department at 833-591-0425 or email Uber.Fee@usdoj.gov.