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NYC Litigation Blog

Friday, September 26, 2014

New All Female Car Service Causing Discrimination Concerns

In the city that never sleeps it is a reality that you might need a ride at 3A.M. Many New York women feel uncomfortable being picked up by a male driver in the late hours of the night or anytime they are alone.  One entrepreneur has the solution:  An all female car service.  But, what are the legal implications of running this type of business?

A new car service called She Rides has been created by Stella Mateo, wife of the leader of the New York State Federation of Taxi Drivers, Fernando Mateo. She Rides is a women only service.  The cars will only pick up women and will be driven by only women.  The service has its own App which women can download.  When they need a ride, they can open the App and request one.  At that point, a female driver in the area will come and pick them up. She Rides will use female drivers from other companies as well as hire their own.  But, hiring only female drivers could cause some legal trouble for Mateo.

According to Title VII and New York State law, employers cannot use gender as a factor in employment decisions. Employers are not permitted to hire or fire based on the gender of the employee.  Experts say that even if the customers want service that revolves around gender, providing the service in this way is still qualifies as employment discrimination.  She Rides therefore creates an interesting situation.  If Mateo is to hire only female drivers she would, in essence, be participating in gender discrimination.  Any man that was not hired for a position with She Rides would have an employment discrimination claim. Mateo points to women using female doctors and going to exclusively female gyms as a basis to deny any discrimination she might become involved in. Unfortunately, the law does not work this way and she will most likely face a claim in the near future.

While gender discrimination has been outlawed for many years, it and many other forms of employment discrimination still exist.  If you think you have been a victim, call New York City attorney Thomas M. Lancia at (212)964-3157 to schedule an appointment to discuss your case.  


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