San Francisco Chronicle

Uber changes its policy on sexual-misconduct claims

- By Michael Liedtke

Uber’s ride-hailing service will give its U.S. passengers and drivers more leeway to pursue claims of sexual misconduct, its latest attempt to shed its reputation for brushing aside bad behavior.

The shift announced Tuesday will allow riders and drivers to file allegation­s of rape, sexual assault and harassment in courts and mediation, rather than being locked into an arbitratio­n hearing.

The San Francisco company is also scrapping a policy requiring all settlement­s of sexual misconduct to be kept confidenti­al, giving victims the choice of whether they want to make their allegation­s public.

It’s a conciliato­ry step from CEO Dara Khosrowsha­hi. He was hired in August amid a wave of revelation­s and allegation­s about rampant sexual harassment in Uber’s workforce, a coverup of a big data breach, dirty tricks and stolen trade secrets.

Khosrowsha­hi has vowed

to “do the right thing,” repair the damage from previous missteps and lure back alienated riders who defected to rivals such as Lyft.

Not to be outdone, Lyft announced Tuesday that it would also scrap its rules binding passengers and drivers to private arbitratio­n and confidenti­al settlement­s in cases involving allegation­s of sexual misconduct.

While applauding Uber for making a “good decision,” Lyft also made a veiled reference to the legal pressures that may have contribute­d to the change.

Uber is shifting its stance after receiving an open letter from the New York law firm Wigdor LLP, which already has filed a lawsuit seeking to be certified as a class action representi­ng women who allege they have been raped, sexually harassed or abused in other ways by Uber drivers.

The letter, sent on behalf of 14 women, called on Uber’s board to drop the arbitratio­n requiremen­t to shine a light on abusive conduct.

“Silencing our stories and the stories of countless other female victims emboldens predators by failing to hold them accountabl­e,” the letter asserts. “This vicious cycle perpetuate­s senseless violence.”

Jeanne Christense­n, a Wigdor partner, congratula­ted Uber for shedding the arbitratio­n policy, a move she said “will begin a process to reduce future suffering by women passengers.

But she said in a statement Tuesday that Uber continues to fight class-action status for the 14 women she represents, showing that it is “not fully committed to meaningful change” because victims are more likely to pursue claims as part of a group.

The changes governing sexual misconduct come a month after Uber announced that it will do criminal background checks on its U.S. drivers annually and add a 911 button for summoning help in emergencie­s. It’s an effort to reassure its riders and address concerns that it hadn’t done enough to keep crooks from using its service to prey on potential victims.

Giving victims of sexual assault or perceived sexual harassment more options sends an important message that Uber is taking the issue more seriously, said Kristen Houser, a spokeswoma­n for Raliance, a coalition of groups working with Uber to prevent sexual abuse on its service.

It may also spur more complaints. For example, Houser said, riders may now be more emboldened to report inappropri­ate behavior, such as when a driver asks them out for a date.

“You want people to report lower level infraction­s so you can nip them in the bud before they become bigger problems,” she said.

By the end of the year, Uber will also start to publicly report incidents of alleged sexual misconduct in hopes of establishi­ng more transparen­cy about the issue throughout the ride-hailing and traditiona­l taxi industries.

“We think the numbers are going to be disturbing,” said Tony West, a government prosecutor during the Obama administra­tion who became Uber’s chief legal officer after Khosrowsha­hi took over.

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