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Sun May 20, 2018, 07:00 AM

Lyft Driver in Indianapolis Kicks Gay Couple Out of Car After They Kiss



“We basically pecked, nothing out of the ordinary,” Martella, who is a student at Butler, told the paper. “He looked in his rear view mirror. He was yelling. We were stunned. We didn’t know the reason for it. He said, ‘I’m going to end your ride. I can’t have that in my car. I don’t have that here.’ … I was really upset. It was a big reaction for such a small display of affection between two guys.” Jensen agreed on the entire surreal nature of the sequence of events: “We gave each other a short kiss on the lips. … I was just surprised the whole thing happened. It just didn’t seem like it was real.”


[link:https://slate.com/news-and-politics/2018/05/lyft-driver-in-indianapolis-kicks-gay-couple-out-of-car-after-they-kiss.html|

That cannot be legal? Right?

32 replies, 1983 views

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Arrow 32 replies Author Time Post
Reply Lyft Driver in Indianapolis Kicks Gay Couple Out of Car After They Kiss (Original post)
Soph0571 May 2018 OP
Loki Liesmith May 2018 #1
gyroscope May 2018 #2
Loki Liesmith May 2018 #4
gyroscope May 2018 #6
Loki Liesmith May 2018 #7
gyroscope May 2018 #10
mahatmakanejeeves May 2018 #27
dawg day May 2018 #26
DanTex May 2018 #12
mythology May 2018 #15
Ms. Toad May 2018 #31
Demsrule86 May 2018 #8
Loki Liesmith May 2018 #9
Demsrule86 May 2018 #32
MLAA May 2018 #3
PJMcK May 2018 #5
RhodeIslandOne May 2018 #13
PJMcK May 2018 #20
RhodeIslandOne May 2018 #21
PJMcK May 2018 #23
Name removed May 2018 #11
gyroscope May 2018 #14
Post removed May 2018 #16
MineralMan May 2018 #17
uppityperson May 2018 #18
MineralMan May 2018 #19
MineralMan May 2018 #24
Eliot Rosewater May 2018 #29
Iggo May 2018 #22
MineralMan May 2018 #25
Iggo May 2018 #30
Anon-C May 2018 #28

Response to Soph0571 (Original post)

Sun May 20, 2018, 07:32 AM

1. May be legal

His car and he’s an independent contractor.

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Response to Loki Liesmith (Reply #1)

Sun May 20, 2018, 07:42 AM

2. Wrong

 

Uber drivers use their vehicles to conduct a business that is open to the public, which makes it against the law for them to discriminate. according to Uber it is their policy to follow all federal and state laws regarding discrimination. besides it being illegal to kick someone out due to their sexual orientation, the driver will likely lose his or her job.


https://www.uber.com/legal/policies/non-discrimination-policy/en/

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Response to gyroscope (Reply #2)

Sun May 20, 2018, 07:49 AM

4. Doubtful

That’s a question of Uber policy, not law.

Lyft classifies it’s employees as independent contractors. Title VII specifically does not apply to ICs. But Uber/Lyft can fire whomever it wants for whatever reason. Doubt you could take legal action against employee though.

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Response to Loki Liesmith (Reply #4)

Sun May 20, 2018, 07:55 AM

6. It says on their website

 

Uber follows all federal and state laws against discrimination.

I don't know why people think they have a right to discriminate just because they have their own business. If you own your own restaurant does that give you the right to deny service to gays and blacks? Good luck with that.

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Response to gyroscope (Reply #6)

Sun May 20, 2018, 08:04 AM

7. Yes. Uber/Lyft follow those laws and regulations

But they are following them as policy. If they considered themselves legally bound by the law I don’t know why they’d announce they follow them. It’s like announcing: “I follow all state and federal laws against Capital Murder”. Of course you do. That’s how law works.

In any case, their drivers are not “employees” and the legal status of the driver is questionable.

You could potentially sue Lyft. You *might* win bc of Title VII but it’s at least in doubt and Lyft’s lawyers might prevail. But you couldn’t sue the driver. And I don’t think any legal penalty would accrue to him.

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Response to Loki Liesmith (Reply #7)

Sun May 20, 2018, 08:17 AM

10. Wrong again

 

what makes you think owning your own business gives you the right to discriminate?

Uber is a private business. driving for Uber as an independent contractor is also a private business.

federal law says any private or public business open to the public may not discriminate based on race, color or religion. hence it it not legal for an Uber driver, who is running a private business, to refuse service to a black or muslim person. in addition many states have laws against discrimination based on sexual orientation including Indiana.

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Response to gyroscope (Reply #10)

Sun May 20, 2018, 03:07 PM

27. IANAL, but I think there is no Federal law that prohibits

discrimination against people on the basis of their sexual orientation when it comes to employment. Any ordinance that does prohibit discrimination would be a local or state one.

I could be wrong. But: Look at all the teachers who have been fired for entering into same-sex marriages. I can Google for examples, if you need them.

Lyft can follow all the Federal laws it wants, but if there is no law, then the issue becomes one of Lyft policy. or state or local law or ordinance.

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Response to Loki Liesmith (Reply #7)

Sun May 20, 2018, 03:04 PM

26. I think you can sue the driver

There was an agreement and payment. There was nothing in the agreement that said you couldn't kiss. The driver violated the agreement, not the kissers.

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Response to Loki Liesmith (Reply #4)

Sun May 20, 2018, 08:38 AM

12. Title VII is about employment discrimination, so that's not the part that would apply here.

This would fall under discrimination against customers in a public accommodation.

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Response to gyroscope (Reply #2)

Sun May 20, 2018, 09:15 AM

15. Given Indiana's hideous Religious Bigotry Act signed by Mike Pence

 

there's likely no protection at the state level and there isn't any protections for sexual orientation in federal law.

The city of Indianapolis does have a city ordinance protecting sexual orientation.

Lyft itself has sexual orientation in their terms of service, but those same terms of service always include a clause about the business's right to change those terms at their discretion.

This sort of thing is why we need laws specifically to grant those protections.

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Response to gyroscope (Reply #2)

Sun May 20, 2018, 05:13 PM

31. In many states it is NOT against the law to discriminate based on sexual orientation.

And it is neither a distinct protected class under federal law, nor is there solid case law prohibiting it under the gender discrimination bans in federal law

So yeah - we can marry - but in many places, that's about the extent of it.

(Which is why the push to end domestic partnership benefits is premature. If Partner A (working for a bigot) gets benefits from Partner B's job (working for an enlightened company), and Partner B's job ends domestic partner benefits because gays can get marriednow, once Partner A and Partner B actually get married (creating a public record that anyone can access), Partner A willl likely lose her job - without any legal recourse.

So the couple is forced to choose between benefits for Partner A and a job for Partner A.

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Response to Loki Liesmith (Reply #1)

Sun May 20, 2018, 08:07 AM

8. I doubt it is legal, but Lyft will kick the drive out so I hope it was worth it to

the bigoted scumbag.

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Response to Demsrule86 (Reply #8)

Sun May 20, 2018, 08:09 AM

9. Oh no doubt

He’s unemployable.

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Response to Loki Liesmith (Reply #9)

Mon May 21, 2018, 06:37 PM

32. People can be so dumb.

And I think Trump has empowered the racist scum and homophobes as wello.

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Response to Soph0571 (Original post)

Sun May 20, 2018, 07:48 AM

3. So sorry you had to experience this.

I encourage you to report it to Lyft HQ. I am very new to using Lyft but there must be a vehicle (ah a pun) to report this deplorable and unacceptable behavior.

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Response to Soph0571 (Original post)

Sun May 20, 2018, 07:52 AM

5. Why did they pay the driver?

I would have said, "Fuck off." Let the driver try to call the cops. The driver didn't deliver the service he advertised. He was due exactly nothing.

Why are some people such assholes?

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Response to PJMcK (Reply #5)

Sun May 20, 2018, 08:41 AM

13. These are cashless transactions

 

All the money/credit cards are exchanged thru the app.

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Response to RhodeIslandOne (Reply #13)

Sun May 20, 2018, 01:24 PM

20. Ah, I see

Although I live in NYC, I rarely take a cab but when I do, I hail a yellow taxi.

Could the people in the story challenge the charge with the credit card company?

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Response to PJMcK (Reply #20)

Sun May 20, 2018, 01:34 PM

21. They were already refunded by Lyft

 

What happened to them truly sucked, but Lyft refunded them and fired the guy.

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Response to RhodeIslandOne (Reply #21)

Sun May 20, 2018, 01:42 PM

23. Thanks for the answer and the update! (n/t)

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Response to Soph0571 (Original post)


Response to Name removed (Reply #11)

Sun May 20, 2018, 08:49 AM

14. The driver is working for Lyft

 

he is working under the company's rules, not his own. the driver may have his own rules, but if they conflict with the company's rules, or the government's laws, that driver will be deactivated.

Lyft has confirmed the driver has been deactivated for breaking their rules.

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Response to gyroscope (Reply #14)


Response to Post removed (Reply #16)

Sun May 20, 2018, 10:24 AM

17. I think you've chosen the wrong place to post, perhaps.

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Response to MineralMan (Reply #17)

Sun May 20, 2018, 01:12 PM

18. Skirting the line

Some days I miss the hot tub room conversations.

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Response to uppityperson (Reply #18)

Sun May 20, 2018, 01:14 PM

19. Perhaps the MIRT team will have a look,

now that a post has been removed.

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Response to MineralMan (Reply #19)

Sun May 20, 2018, 02:56 PM

24. And so they have. That poster has been shown the door.

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Response to MineralMan (Reply #17)

Sun May 20, 2018, 03:24 PM

29. Welcome to the post Obama era, these filthy racists promised to get us back for electing

a POC and they are going to do just that.

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Response to Name removed (Reply #11)

Sun May 20, 2018, 01:39 PM

22. Aw.

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Response to Iggo (Reply #22)

Sun May 20, 2018, 02:57 PM

25. Ah, I see he has changed his screen name to Name Removed.

A real pity, that...

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Response to MineralMan (Reply #25)

Sun May 20, 2018, 04:59 PM

30. Hey, at least he got one hug before he got a boot in the ass.

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Response to Soph0571 (Original post)

Sun May 20, 2018, 03:14 PM

28. Please keep us updated if you can, OP. Nt

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