Investigations unit looks to limit liability
PHOENIX» Inside the 23-story Bank of America Tower in downtown Phoenix, a team of nearly 80 specialized workers grapples with some of the worst incidents that happen in Uber rides. Armed with little more than a phone headset and GPS ride data, these agents in the Special Investigations Unit have to figure out what went wrong.
But when they make a determination, the SIU investigators are coached by Uber to act in the company’s interest first, ahead of passenger safety, according to interviews with more than 20 current and former investigators. Uber has a three-strikes system, investigators said, but executives have made exceptions to keep drivers on the road. For instance, a New York-area driver allegedly made three separate sexual advances on riders, said an investigator assigned to the case. After an executive overruled the investigator, the driver was allowed to continue working until a fourth incident, when a rider claimed he raped her.
The agents are forbidden by Uber from routing allegations to police or from advising victims to seek legal counsel or make their own police reports, even when they get confessions of felonies, said Lilli Flores, a former investigator in Phoenix — a guideline corroborated in interviews with investigators, alleged victims and plaintiffs’ attorneys.
“Investigators are there first
to protect Uber; and then next to protect the customer,” said Flores, who worked nearly two years for Uber as an investigator and investigations trainer before leaving in November. “Our job is to keep the tone of our conversations with customers and drivers so that Uber is not held liable.”
Even in the most severe cases, when Uber kicks drivers off the platform, it doesn’t convey the information to police, other rideshare companies or background check firms, investigators said, steps that could prevent the driver from working for other companies.
Uber’s investigative process is broken, according to people who have worked there, stymied by Uber’s insistence that its drivers are independent contractors and not employees — and therefore it isn’t responsible for their actions. As a result of its transformation of transportation, Uber has created new risks for riders and drivers that it largely keeps at arm’s length — even more so as it is under financial pressure from a bungled IPO.
Uber disputes the allegations by investigators that protecting the company comes first. “We created the SIU team not to shelter us from legal liability, but to provide specialized customer support to riders and drivers dealing with very serious real-life situations,” Uber spokeswoman Jodi Page said in a statement. “Characterizing this team as anything but providing support to people after a difficult experience is just wrong. We will continue to put safety at the heart of everything we do and implement new approaches, based on expert guidance, to the benefit of both our customers and employees.”
But investigators say Uber’s process leaves bad actors on the road. One investigator recalled the San Francisco driver who purportedly forced his way into the back seat and put his hand up a passenger’s blouse before she struggled free. Another heard from riders that their driver threatened them with a hammer hidden under his seat. Neither lost their driving privileges at the time.
Flores said in her time there about one-third of cases handled by investigators dealt with sexual misconduct, including rape or unwanted flirtation or advances.
The process can fail victims because they often have no idea if their concerns have been addressed, riders and drivers said. Sara Alfageeh alleged that her driver held her and a friend captive on the freeway near Charlotte, N.C., turning a 15-minute drive into a 45-minute one by driving the wrong way to “continue the conversation.” After reporting it to Uber and speaking with an investigator, she said Uber simply refunded her money and said she wouldn’t be matched with the driver again.
“There’s no way of knowing if he’s doing this with other riders,” said Alfageeh, a professional illustrator. Uber confirmed they followed up with her by phone and refunded her fare.
“At the end of the day, we’re not the judge and jury to determine whether a crime has occurred,” said Tracey Breeden, Uber’s global head of women’s safety. “We’re here to gather information, make a business decision. We’re not law enforcement.”
The investigators said they are taught to avoid asking alleged perpetrators directly about the claims against them. And to alleged victims, to only offer condolences that distance Uber from a purported incident: “No one should have to go through something like that” rather than “I am so sorry that happened to you.”
Uber said its responses are designed around empathy and include “I’m so sorry to hear what you have reported.”
Under Chief Executive Dara Khosrowshahi, Uber has said it is “putting safety at the heart of everything we do,” and the vast majority of Uber’s more than 16 million daily trips end without incident. “Safety is a priority and we’re certainly doing what we can — whether it’s through our technology or our programs and initiatives — to put safety first,” Breeden said.
But alleged crimes — especially sexual misconduct — happen during ride-hailing trips at an alarming rate, investigators said. In Chicago alone, more than 300 drivers were banned from Uber, Lyft and rival Via for allegations of sexual misconduct between January 2016 and August 2019, according to data obtained by a Freedom of Information Act request.