Compliance with Other Non-Discrimination Laws
Discrimination in providing taxicab services in the District of Columbia is strictly prohibited . Associated Drivers and dispatch employees are required to know the non-discrimination prohibitions in U.S. and District of Columbia laws and District of Columbia Department of For Hire Vehicles (DFHV) regulations
Discrimination is Prohibited under laws of the United States and the District of Columbia.
Discrimination prohibited under U.S. Law: Discrimination in the provision of taxicab services to disabled persons is prohibited by federal law in the Americans with Disabilities Act (ADA) at 42 U.S.C. § 12184, which specifically provides: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.”
Discrimination prohibited under DC Law: Discrimination is strictly prohibited under DC law at D.C. Code § 2-1402.31 as to public accommodations, which includes taxicab services. DC law provides that it shall be an unlawful discriminatory practice to deny, directly or indirectly, any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodations (including taxicab services) wholly or partially for a discriminatory reason based on the following actual or perceived characteristics:
- Race· Color · Religion · National origin · Sex · Age · Marital status · Personal appearance · Sexual orientation · Gender identity or expression · Family status · Family responsibility · Genetic information · Political affiliation · Disability · Level of formal education · Source of income · Place of residence or business
Discrimination is further prohibited under the District of Columbia Department of For Hire Vehicles (DFHV) Regulations
The following is excerpted from the online DFHV New Driver Application Training Study Guide, Chapter 6: Non-Discrimination, which is available at the DFHV website.
Prohibited Discriminatory Conduct: DFHV recognizes that taxicab operators should never discriminate against certain customers by not picking them up, not taking them where they wish to go or by treating them with less respect based on the protected characteristics or traits listed above. DFHV regulations provide specific examples of discriminatory conduct, which include the following:
Not picking up a passenger on the basis of any protected characteristic or trait, including not picking up a passenger with a service animal· Requesting that a passenger get out of a taxicab on the basis of a protected characteristic or trait · Using derogatory or harassing language on the basis of a protected characteristic or trait · Refusing a call in a specific geographic area of the District
Must Provide Services to Disabled Persons Accompanied by Service Animals or Using Assistive Devices: Service animals may travel with a disabled passenger at no charge. Assistive devices (such as a walker or folding wheelchair) shall be loaded and carried at no charge (31 DCMR Section 508.2).
Discrimination based on a disability may include refusing to assist in the transportation of a person using a Service Animal or Comfort Animal because of an undocumented personal allergic reaction to animals or potential allergic reactions of future customers (31 DCMR Section 508.3)
Avoiding Geographic Discrimination: DFHV recognizes how important it is to take the customer to the requested destination without discriminating against that customer based on where he or she wishes to go. To avoid discrimination: · Except during time periods allowing ride sharing, the operator shall not ask the destination of the passenger until the passenger is in the taxicab. · A dispatcher shall not ask the destination of a passenger. If the dispatcher learns the destination of a passenger (for example, a caller says they want to go to the airport), that dispatcher shall not then convey the destination when dispatching an operator to pick up the passenger unless requested to do so by the passenger or the passenger has an emergency.
Additional Non-Discrimination Requirements
Drivers should not assume Animals in Street Hails are not Service Animals: Recognizing that the majority of service animals are dogs and service animals in the District are not required to wear any special equipment or markings, an Associated Driver, who does not have a valid medical exemption, must always stop to provide service where a passenger is accompanied by a dog and is using the accepted sign for hailing a taxicab (arm raised up and out). After stopping, if it is not obvious that a dog is a service animal, the Associated Driver must ask whether the dog is a service animal.
An Associated Driver who does not have a valid medical exemption must also stop and inquire whether an animal is a service animal, where a passenger is accompanied by an animal other than a dog, the passenger is using the accepted sign for hailing a taxicab (arm raised up and out), and the Associated Driver is in doubt or unsure whether the animal is a service animal. After stopping, if it is not obvious that the animal is a service animal, the Associated Driver must ask whether the animal is a service animal.
Drivers must accept the responses provided by the passenger and cannot ask about the person’s disability. However, pursuant to DFHV rules, it is at the discretion of the driver whether to provide service to a passenger with a large animal or an animal not enclosed in a carrier, which is not a service animal. Drivers will consider safety when stopping, disembarking and assisting passengers to and from their vehicles.
Drivers must take all required DFHV Disability Sensitivity & Non-Discrimination Training: DFHV requires that the YCDC confirm that the Driver has taken this training as reflected by the Driver having all required licenses.
YCDC will distribute Periodic Non-Discrimination & Disability Sensitivity Training Reminders to Drivers: This will be provided on an annual or bi-annual basis.
YCDC Investigation & Sanctions for Drivers who engage in Discriminatory Conduct: Each complaint will be investigated and completed within ten (10) business days of its receipt;
If at the end of the investigation, YCCDC believes there is a clear violation:
- if the Associated Driver has dispatch service with the YCDC, dispatch service will be suspended for one (1) week and the Associated Driver will be reported to the DFHV; and
- if the Associated Driver does not have dispatch service with YCDC, the Associated Driver will be reported to the DFHV; and
If there is a pattern of violations as evidenced by a repeat offense where YCDC believes there is a clear violation by the Associated Driver, or in the case of a first offense if warranted by the circumstances, the YCDC will terminate the association agreement with the driver.
YCDC may refer complaints to DFHV. For YCCDC and DFHV complaints process, see contact us