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Uber Ends Forced Arbitration for Sexual Assault Accusers

May 15, 2018
4 min read
Uber Releases Results Of Internal Sexual Harassment Investigation
Uber Ends Forced Arbitration for Sexual Assault Accusers
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Uber will no longer require mandatory, closed-door arbitration in passengers' claims of sexual assault or sexual harassment by the ride-hailing company's drivers, its chief legal officer announced Tuesday.

"We have learned it's important to give sexual assault and harassment survivors control of how they pursue their claims," Tony West, chief legal officer for Uber, said in a statement. "So moving forward, survivors will be free to choose to resolve their individual claims in the venue they prefer: in a mediation where they can choose confidentiality; in arbitration, where they can choose to maintain their privacy while pursuing their case; or in open court. Whatever they decide, they will be free to tell their story wherever and however they see fit."

Previously, the ride-hailing company's policy — as stated in its app's terms and conditions — had been to force all passenger sexual assault and harassment claims against its drivers into mandatory, closed-door arbitration. Under the provision, accusers could speak out but the legal proceedings would be confidential.

Uber also announced that it will no longer require confidentiality provisions or non-disclosure agreements from assault survivors. "Divulging the details of what happened in a sexual assault or harassment should be up to the survivor, not us," West writes. "Whether to find closure, seek treatment, or become advocates for change themselves, survivors will be in control of whether to share their stories."

Finally, the company said it will also include its platform's incidents of sexual assault and harassment in a "safety transparency report." West says Uber struggled with this decision, "in part because data on safety and sexual assaults is sparse and inconsistent." But the company decided to track its own assault and harassment statistics after meeting with "more than 80 women's groups" and recruiting several advisors from high-profile anti-assault advocacy groups.

A CNN report from earlier this May found that at least 103 Uber drivers had been accused of sexual assault or harassment in four years.

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After Uber's announcement on Tuesday, competitor Lyft also announced similar changes ending its forced arbitration policy for assault and harassment claims and stopping confidentiality agreements as a contingency of settling the claims.

The changes comes shortly after Uber was under fire from women passengers who had been assaulted or harassed by their drivers while using the app. Fourteen women sent a letter to Uber's 11-member board at the end of April detailing their assaults and demanding that they be voluntarily released from the company's arbitration provision.

"Secret arbitration is the opposite of transparency," the women tell the board in the letter. "Forcing female riders, as a condition of using Uber's app, to pursue claims of sexual assault and rape in secret arbitration proceedings does not 'make streets safer,'" they write, quoting the company's own claim to the public that the ride-hailing app "help[s] improve access to transportation, and make streets safer."

The 14 women also argued in the letter that since the advent of the #MeToo movement last year, many large companies have been ditching forced arbitration agreements in sexual harassment and assault cases in favor of more transparent legal options.

Earlier this spring, Uber announced other additional safety measures, including annual criminal background checks for its drivers, the ability for a passenger to share a ride location with up to five trusted people and an emergency feature that immediately shares a ride's location with 911. The company also recently launched a new pilot safety measure that obscures riders' exact pickup and drop-off locations from drivers' logs, showing only a general area instead, which would potentially help stop the drivers returning to drop-off sites to harass former passengers.

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Rewards Rate

4XEarn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
4XEarn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
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2XEarn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
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  • Intro Offer
    You may be eligible for as high as 100,000 Membership Rewards® Points after spending $6,000 in eligible purchases on your new Card in your first 6 months of Membership. Welcome offers vary and you may not be eligible for an offer.

    As High As 100,000 points. Find Out Your Offer.
  • Annual Fee

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  • Recommended Credit
    Credit ranges are a variation of FICO® Score 8, one of many types of credit scores lenders may use when considering your credit card application.

    Excellent to Good

Why We Chose It

There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits.

Pros

  • 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
  • 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
  • Packed with credits foodies will enjoy
  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
  • Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
  • $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.