Lyft Driver in Indianapolis Kicks Gay Couple Out of Car After They Kiss

[Soph0571]

“We basically pecked, nothing out of the ordinary,” Martella, who is a student at Butler, told the paper. “He looked in his rear view mirror. He was yelling. We were stunned. We didn’t know the reason for it. He said, ‘I’m going to end your ride. I can’t have that in my car. I don’t have that here.’ … I was really upset. It was a big reaction for such a small display of affection between two guys.” Jensen agreed on the entire surreal nature of the sequence of events: “We gave each other a short kiss on the lips. … I was just surprised the whole thing happened. It just didn’t seem like it was real.”

[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]

1. May be legal

His car and he’s an independent contractor.

[gyroscope]

2. Wrong

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. Doubtful

That’s a question of Uber policy, not law.

Lyft classifies it’s 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]

6. It says on their website

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]

7. Yes. Uber/Lyft follow those laws and regulations

But they are following them as policy. If they considered themselves legally bound by the law I don’t know why they’d announce they follow them. It’s like announcing: “I follow all state and federal laws against Capital Murder”. Of course you do. That’s 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 it’s at least in doubt and Lyft’s lawyers might prevail. But you couldn’t sue the driver. And I don’t think any legal penalty would accrue to him.

[gyroscope]

10. Wrong again

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]

27. IANAL, but I think there is no Federal law that prohibits

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]

26. I think you can sue the driver

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]

12. Title VII is about employment discrimination, so that's not the part that would apply here.

This would fall under discrimination against customers in a public accommodation.

[mythology]

15. Given Indiana's hideous Religious Bigotry Act signed by Mike Pence

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]

31. In many states it is NOT against the law to discriminate based on sexual orientation.

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]

8. I doubt it is legal, but Lyft will kick the drive out so I hope it was worth it to

the bigoted scumbag.

[Loki Liesmith]

9. Oh no doubt

He’s unemployable.

[Demsrule86]

32. People can be so dumb.

And I think Trump has empowered the racist scum and homophobes as wello.

[MLAA]

3. So sorry you had to experience this.

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]

5. Why did they pay the driver?

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]

13. These are cashless transactions

All the money/credit cards are exchanged thru the app.

[PJMcK]

20. Ah, I see

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]

21. They were already refunded by Lyft

What happened to them truly sucked, but Lyft refunded them and fired the guy.

[PJMcK]

23. Thanks for the answer and the update! (n/t)

[gyroscope]

14. The driver is working for Lyft

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.

[MineralMan]

17. I think you've chosen the wrong place to post, perhaps.

[uppityperson]

18. Skirting the line

Some days I miss the hot tub room conversations.

[MineralMan]

19. Perhaps the MIRT team will have a look,

now that a post has been removed.

[MineralMan]

24. And so they have. That poster has been shown the door.

[Eliot Rosewater]

29. Welcome to the post Obama era, these filthy racists promised to get us back for electing

a POC and they are going to do just that.

[Iggo]

22. Aw.

[MineralMan]

25. Ah, I see he has changed his screen name to Name Removed.

A real pity, that...

[Iggo]

30. Hey, at least he got one hug before he got a boot in the ass.

[Anon-C]

28. Please keep us updated if you can, OP. Nt