Uber driver’s racist tirade caught on camera, company falls short in response

An Uber driver in Toronto, Ontario was recently caught on video using a racist slur against a passenger. The video was later released publicly, and Uber’s reaction has now come under public scrutiny.

The incident began during a trip with the popular ride sharing service in downtown Toronto on March 19, 2022. The driver reportedly became aggressive and began swearing at the passengers after the ride took longer than expected. The driver eventually demanded the passengers exit the vehicle in active traffic, before they had arrived at their destination. At that point, one of the passengers began recording the incident on her phone, which captured the driver telling the passengers to “shut the f—k up” and then using a racist slur against one of them, who is Black.

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The passenger whose account had been used for the trip reported the incident to the company the next day, providing Uber with copy of the video by email. Uber initially responded by advising the passenger that they we investigating the incident.

Uber slow to respond

On April 1, 2022, Uber refused to refund the passenger her fare and, surprisingly, sent her an invoice of $282 for damage the driver claimed the passenger had caused. Uber did not address the harassment issue any further at the time.

After media became involved, Uber disclosed that it had suspended the driver and was performing an investigation. Uber did not, however, contact the passenger that had been subject to the racial slur during its investigation, nor has there been any report of an apology.

How should an employer address racism at work?

Employers in Canada have an obligation to take steps to ensure that their workplace is free from harassment, including preventing the use of racist language by employees against customers and co-workers. In doing so, employers should put in place written policies prohibiting racial discrimination and other forms of harassment. They should also conduct training programs to prevent this type of behaviour, and re-training programs to prevent re-occurrences.

However, racial discrimination can still take place despite these measures. For example, Uber has a detailed “zero-tolerance policy” regarding the use of racial slurs available on its website.

Conduct an investigation

When a company receives complaints that an employee has been involved in racial harassment in the workplace, it’s important that they respond with a prompt and thorough investigation. These investigations should include interviews with all the individuals involved and a review of all the relevant documents or recordings that may be available. Videos or audio recordings of these incidents may help to expedite the investigation process.

When this type of egregious misconduct takes place, a company should set out in detail the ways it will address the behaviour and how it will prevent similar circumstance arising in the future. If employers do not address these incidents appropriately, they could expose themselves to claims for compensation by employees who have been subjected to racist treatment.

Can an employee be fired for using racist slurs?

Racism in the workplace can never be tolerated and can justify the termination of an employee for cause (without severance). However, like any other form of misconduct, the appropriate consequences can vary depending on the severity of the behaviour, the surrounding circumstances, and the specific terms of an employer’s policies.

Employers should always complete a thorough investigation and consider whether alternative forms of discipline would be appropriate other than termination. These alternatives could include:

• apologies
• counselling
• educational sessions
• warnings
• schedule changes
• suspensions
• job transfers

Factors that are relevant to determine the appropriate response by an employer include:

1. The existence of a timely apology.
2. Previous incidents of a similar nature.
3. Whether the employee shows genuine remorse and recognizes the seriousness of the offence.
4. Whether the incident arose out of a brief outburst.
5. The likelihood of the behaviour being repeated and the possibility of restoring confidence that it will not.

The law relating to racial harassment, including the rights of employees and the obligations of employers, is always changing.

If you have been affected by an incident in your workplace involving racist or discriminatory behaviour, you should speak to an employment lawyer at Samfiru Tumarkin LLP to discover your rights today.