Uber’s Risky Driver Loophole

Uber Background Check Policy Allowed Drivers With Violent Felony Convictions, Investigation Reveals A recent investigation into Uber’s driver screening process has uncovered a system that can permit individuals with violent criminal histories to work as drivers on the platform. The findings point to significant gaps in the company’s background check procedures across different states. While Uber has a policy of automatically rejecting applicants with convictions for the most severe crimes such as murder, sexual assault, kidnapping, and terrorism, the rules for other violent offenses are far less stringent in many areas. The investigation found that in 22 states, Uber can approve drivers who have been convicted of crimes including child abuse, assault, and stalking, provided those convictions are at least seven years old. The problem is compounded by the geographic limitations of the background checks themselves. In 35 states, these checks primarily rely on records from the states where an applicant has lived over that seven-year period. This means that serious convictions from other jurisdictions could be completely missed during the screening process. This patchwork approach has previously led to regulatory action. In 2017, an audit by the state of Massachusetts of ride-hailing drivers resulted in the banning of over 8,000 drivers, approximately 11 percent of those reviewed, who had been previously approved by the platforms but were found to have disqualifying records. In contrast, Uber’s main competitor, Lyft, maintains a policy of not allowing drivers with any prior violent felony conviction, regardless of how much time has passed. Internal company documents suggest a historical focus on cost-saving measures over robust safety screening. A 2015 strategy document discussed a plan to shift public conversation about safety away from background checks and toward other, less expensive initiatives. Furthermore, a 2018 email from Uber’s then-head of safety communications described the company’s background check policy as a bare minimum standard. The investigation compiled several serious cases where Uber drivers with past violent convictions were later accused by passengers of sexual assault or rape. At least two of these cases resulted in criminal convictions for the drivers involved. Uber’s own internal safety data underscores the scale of safety concerns on the platform. Between 2017 and 2022, the company’s US operations received a report of sexual assault or sexual misconduct, on average, nearly once every eight minutes. Uber has stated that roughly 75 percent of these reports were for what it categorizes as less serious incidents, such as unwanted flirting or comments about a rider’s appearance. The company also emphasizes that 99.9 percent of its trips occur without any safety incident being reported.

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