What to Do If Sexually Harassed in an Uber/Lyft

What You Need to Know About Rideshare Sexual Harassment

Sexual harassment is a form of unwelcomed sexual behavior. Here what to do if you have been sexually harassed in an Uber or Lyft.

If an individual has been sexually harassed in an Uber, Lyft, or similar rideshare, they should report the incident to the company. If the sexual harassment caused great emotional harm to the individual, they may choose to also file a lawsuit to seek damages for the injuries endured.

Legal Definition of Sexual Harassment

There are two laws under which individuals can find protection from sexual harassment. Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964. This law relates to the workplace, and it makes it illegal for a hostile work environment to be created through sexual misconduct or comments. Since a driver for Uber or Lyft is an employee of the company, as an employer, the company is mandated to provide a safe, harassment-free environment for both the driver and the rider.

California Code of Civil Procedure Section 527.6 makes harassment illegal and defines it as conduct that has no legitimate purpose and annoys or harms another. If an individual had an Uber or Lyft driver whose comments or actions left them feeling uncomfortable, the rider can contact the company and choose to pursue a lawsuit if they see fit.

What Is Considered Uber/Lyft Sexual Harassment?

An individual can have different experiences that constitute sexual harassment. Any situation that causes physical or emotional distress to an individual may be considered sexual harassment. The following are common unpleasant experiences that individuals report experiencing in an Uber or Lyft:

Inappropriate staring. Staring is a form of sexual harassment if the individual feels sexualized, uncomfortable, or unsafe.
Winking may be considered sexual harassment, especially if an individual felt sexualized or offended.
Flirting may be considered sexual harassment if it was unwanted and inappropriate. It is definitely considered harassment if an individual asked the driver to stop flirting and they continued to do so anyway.
Sexual jokes are usually considered sexual harassment because they serve no legitimate purpose and almost always leave an individual feeling uncomfortable. Explicit language constitutes sexual jokes or sexual language and may be considered sexual harassment.
Being followed or approached by a driver after arriving at the drop-off location. This form of sexual harassment is particularly threatening to an individual’s safety and should be reported as soon as it occurs.
A rider receiving messages from the driver after being dropped off at their location. Communication should only occur for the purpose of the ride. If a driver abuses the communication and begins to conduct themselves in an inappropriate manner, a driver is committing sexual harassment.

The Actions to Take If Sexually Harassed in An Uber or Lyft

If an individual feels that they are in immediate danger, they should contact 911. If not, as soon as an individual becomes weary of the driver, they should record what is occurring or what occurred. A rider should note the time, date, and location they were being taken from and to. An individual should also take note of specific comments made by the driver. The incident should then be reported to Uber, Lyft, or a different rideshare company with whom the driver is working for. An individual can also rate the driver on the app and provide the reasoning for a low rating. After reporting and taking the necessary steps to protect themselves, an individual may choose to pursue a personal injury lawsuit against the driver or company, if they see fit. A person seeking to sue for sexual harassment should contact a lawyer, collect their evidence, and decide the damages they will seek.

FAQS

What can I do if I am being sexually harassed in an Uber or Lyft and feel unsafe?

You can share your ride with a trusted friend or family member and begin to record what is occurring. This will allow your loved one to track you and allow you to have evidence of misconduct.

Is it sexual harassment if I was originally flirting with the driver and then asked him to stop?

It is considered sexual harassment if you asked the driver to stop and they continued to flirt with you or partake in other forms of misconduct.

Contact Her Lawyer

If you or a loved one has been sexually harassed in an Uber/Lyft or similar rideshare, contact us. We’ll get you in touch with an attorney that can protect your rights. Get your free consultation with one of our Uber Sexual Assault Attorneys in California today!