Uber faces potential class action over passenger safety

Uber is facing a potential class action in Australia over allegations of sexual assault, sexual misconduct and sexual harassment by drivers.

Law firm Slater and Gordon is investigating whether the rideshare giant did enough to protect women passengers and respond to complaints about alleged misconduct.

The investigation comes after The New York Times reported that more than 400,000 Uber trips in the U.S. resulted in reports of sexual assault or misconduct between 2017 and 2022.

Here’s what you need to know.

Context

Uber has faced legal action in the U.S. from thousands of complainants over alleged sexual assault and misconduct involving its drivers.

In February, a U.S. jury ordered Uber to pay $US8.5 million ($AU12m) to a woman who was sexually assaulted by a driver in Arizona.

The jury found Uber liable for the driver’s actions, but rejected claims it was negligent or that its safety systems don’t work.

Uber said at the time it would appeal.

More than 3,000 similar lawsuits have been grouped together in the U.S. federal court.

Separately, a New York Times investigation last year found that 400,181 Uber trips in the U.S. between 2017 and 2022 resulted in reports of sexual assault or misconduct.

Uber didn’t publicly provide the full number of reports across all categories of sexual assault and misconduct during that period, only announcing 12,522 reports of serious sexual assault.

The figures refer to reports, not necessarily proven incidents.

Investigation

In Australia, Slater and Gordon is currently investigating whether Uber’s driver screening, safety training, complaint handling and other safety measures adequately protected women passengers.

It is also looking into how Uber responded when passengers alleged driver sexual assault, harassment or other misconduct.

The investigation focuses on Uber’s responsibility for passenger safety, rather than claims against individual drivers.

Cindy Bors, a practice group leader at Slater and Gordon, said the firm wanted to establish whether women’s experiences pointed to broader problems with the company’s systems.

“When a woman passenger reports or alleges sexual harassment, sexual misconduct or sexual assault involving an Uber driver, the systems receiving, investigating and responding to that report matter,” she said.

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Uber has previously argued that its drivers are independent contractors rather than employees, raising questions about the company’s responsibility for their conduct.

Callout

Slater and Gordon is calling for women in Australia who may have experienced sexual assault, sexual misconduct or sexual harassment involving an Uber driver to register their interest.

They do not need to have previously reported an incident to Uber or police.

The law firm will use the information gathered to assess whether the experiences point to “common or systemic issues” that could support a class action.

“It’s important for me to share my experience so that Uber acts and makes changes so that no one has to go through what I did when I took a rideshare trip.”

Aisha*, pseudonym of an alleged victim

Response

Uber said safety was a “core value” and that it had invested billions of dollars in measures to protect users.

“One sexual assault is one too many, and we take every report seriously,” a spokesperson said.

The company also called for changes to rules governing when gig-work platforms can remove drivers from their apps, arguing the rules should make it easier to deactivate drivers who threaten passenger safety while maintaining fairness.