In today's modern world, technology has made it easier for people of all abilities to navigate the world around them. Uber, a popular ride-sharing service, has been a game-changer for many individuals who do not have access to their own personal transport.

In an ideal world, it could be said that Uber has provided a sense of independence and freedom that was previously unattainable for persons with disabilities, particularly people with visual impairments who cannot drive their own vehicles. With the use of smartphones and features like voice-over technology, visually impaired users can easily request and track their rides with just a few taps on their mobile device. Ideally this would make getting around the city much more convenient and accessible for persons with disabilities who may not be able to drive themselves.

However, in reality, despite these technological advancements, persons with disabilities who use assistance dogs to navigate their lives have faced discrimination on a regular basis when using the Uber service. A common issue that these individuals encounter is Uber drivers who refuse to pick them up once the Uber driver realizes that the person is visually impaired and accompanied by an assistance dog. Very often, these people are left helplessly stranded on the side of the road while the Uber driver charges them the cost of the trip, only for the next Uber driver to do the same thing. This type of discrimination not only violates Uber's policies but also denies individuals with visual impairments their right to equal access to transportation services.

In South Africa, discrimination against persons with disabilities is expressly prohibited and is considered a violation of a person’s fundamental human rights. The Constitution of the Republic of South Africa, particularly Section 9, guarantees equality before the law and prohibits discrimination on various grounds, including disability. Additionally, the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) of 2000 provides a comprehensive framework for combating discrimination and promoting equality in all spheres of society.

Under these legal provisions, it is unequivocally clear that discriminating against persons with disabilities that use assistance dogs constitutes a violation of their rights in terms of the Constitution. Assistance dogs are not merely pets; they are essential companions and aids for individuals with visual impairments, enabling them to navigate the world independently and safely. Denying access to individuals with assistance dogs not only infringes upon their right to equal treatment but also undermines their ability to participate fully in social and economic activities.

On 16 April 2024, the South African Guide-Dogs Association for the Blind (“SAGDA”), represented by Deirdre Venter and Sirhaan Che’ Khan from Shepstone & Wylie Attorneys, launched an application in the Equality Court of South Africa sitting in the Johannesburg High Court. In its application, SAGDA has highlighted the consistent discrimination suffered by persons with disabilities and has sought relief from the Equality Court to declare the denial of access and transportation by Uber and its drivers as unfair discrimination in contravention of the Constitution and PEPUDA and furthermore an infringement of the Right to Equality and the Right to Human Dignity. It further seeks to hold Uber accountable by requesting the Court to order Uber to take reasonable steps to address these issues and accommodate the needs of persons with disabilities when persons with disabilities are accompanied by assistance dogs.

In the application papers before the Equality Court, SAGDA has requested the Court to order Uber to, among other things, revise its Community Guidelines to set out the rights of persons with disabilities who are accompanied by assistance dogs, to update its app to allow for better reporting of the discriminatory conduct of the Uber drivers towards persons with disabilities and to implement training for all Uber Drivers ensuring they understand their duty to prohibit and eliminate any forms of discrimination.

This includes training Uber drivers to understand the rights of persons with disabilities and the role that the assistance dogs play in the lives of these persons. It has further requested the Court to order Uber to establish mechanisms for reporting and addressing complaints of discrimination. These are but a few measures SAGDA is requesting the Equality Court to order Uber to implement.

SAGDA has also requested the Court to order Uber to submit a report under oath to the Court within 60 days of the order, should it be granted, setting out the steps it intends to take in the future and to advise the Court when such steps will be taken to eliminate the obstacles that unfairly limit and restrict enjoyment by persons with disabilities of equal opportunities, to prevent the reoccurrence of unfair discrimination and to comply with the measures SAGDA is requesting the Court to order.

It is essential for Uber to take immediate and proactive measures to address the issue of discrimination taking place under its banner and ensure compliance with South African anti-discrimination laws.  Uber has been notified by the Equality Court to provide its reply to SAGDA’s application by no later than 20 May 2024.