Uber defeats lawsuit alleging racial bias in driver reviews | WTAQ News Talk | 97.5 FM · 1360 AM

Uber’s Driver Rating System Upheld by Appeals CourtUber’s Driver Rating System Upheld by Appeals Court A U.S. appeals court has rejected allegations that Uber Technologies’ policy of firing drivers with low passenger ratings is racially discriminatory. In a lawsuit filed in 2020, Thomas Liu, an Asian American driver, claimed that Uber’s system disproportionately deactivated non-white drivers. Liu argued that乘客 are more likely to give poor ratings to drivers of color, and that this bias led to unfair dismissals. However, the San Francisco-based 9th U.S. Circuit Court of Appeals found that Liu had failed to provide sufficient evidence to support his claims. The court stated that Liu’s statistical analysis was flawed and did not demonstrate a clear disparity between the treatment of white and non-white drivers with low ratings. Uber’s system requires riders to rate drivers on a scale of one to five, and drivers who fail to maintain a high score can be deactivated. Liu alleged that this rating system perpetuates racial bias and violates Title VII of the Civil Rights Act of 1964 and California’s anti-discrimination law. The appeals court disagreed, finding that Liu had not provided any evidence that Uber had deactivated non-white drivers at a higher rate than white drivers with similar low reviews. The court noted that a survey conducted by Liu’s lawyers had several methodological flaws and did not provide a clear picture of the racial makeup of Uber’s overall driver population. Uber did not immediately respond to a request for comment. Liu’s attorney expressed disappointment with the ruling and indicated that they would likely ask the court to reconsider its decision. The U.S. Equal Employment Opportunity Commission had previously supported Liu’s case, arguing that research suggests customer reviews can be influenced by bias, including in the context of Uber drivers. However, the appeals court found that this research alone was not sufficient to establish a plausible case of racial discrimination.

By Daniel Wiessner

(Reuters) -A U.S. appeals court on Monday rejected a proposed class action, saying Uber Technologies’ policy of firing drivers with low passenger ratings is racially discriminatory.

The San Francisco-based 9th US Circuit Court of Appeals said Thomas Liu, a driver who filed the 2020 lawsuit, had not provided any evidence showing that Uber had kicked non-white drivers off the app at a higher rate than white drivers with low reviews.

Liu’s lawyers had argued that statistical evidence supporting their claims would only be available if the case could proceed to discovery, when plaintiffs can request documents and testimony from defendants. But a three-judge panel of the 9th Circuit said Liu had failed to offer anything other than speculation to support his claim that Uber’s system is discriminatory.

Uber did not immediately respond to a request for comment.

Shannon Liss-Riordan, a lawyer for Liu, said she was “deeply disappointed and concerned” by the ruling and would likely ask the court to reconsider it.

Uber asks riders to rate drivers on a scale of one to five and deactivates drivers who fail to maintain high scores. Liu, who is Asian American, said in the lawsuit that he was deactivated after his rating fell below 4.6.

Liu claims that passengers are more likely to give poor ratings to non-white drivers, and that Uber’s use of the rating system violates Title VII of the Civil Rights Act of 1964 and California’s anti-discrimination law.

U.S. District Judge Vince Chhabria in San Francisco granted Uber’s motion to dismiss the case in 2022, saying there was no plausible allegation of a statistical disparity between drivers of different races. He said a survey by Liu’s lawyers of thousands of Uber drivers that found a disparity was flawed.

The 9th Circuit agreed Monday, saying the study had numerous flaws and said nothing about the racial makeup of the overall population of Uber drivers.

Liu was endorsed by the U.S. Equal Employment Opportunity Commission, which enforces Title VII.

The agency said in a friend of the court letter that Liu cited research showing that customer reviews are likely influenced by bias, including for Uber drivers and other gig workers. That, combined with the investigation by Liu’s lawyers, was enough to establish a plausible case, the committee said.

(Reporting by Daniel Wiessner in Albany, New York; Editing by Alexia Garamfalvi and Bill Berkrot)