Civil Rights Class Action Accuses Hertz of ‘Systemic’ Discrimination Against Drivers with Disabilities

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Hertz has discriminated against people with disabilities who need hand controls in order to operate a rental car.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 20-page Hertz lawsuit accuses the company of “systemic civil rights violations” stemming from the dramatic reduction in the number of models and types of vehicles that can be rented with hand controls—a mechanism that allows drivers to accelerate, brake and steer by hand. According to the suit, the company has adopted a new policy of only providing hand controls in a “small subset” of available vehicles, meaning drivers who need these accommodations are effectively barred from renting entire categories of Hertz cars.

The case contends that by restricting consumers who need hand controls to a very limited and, often, more expensive selection of cars, Hertz has unlawfully denied people with disabilities equal access to its rental services.

“According to the Hertz website, the company will now only provide hand controls on two sedans (the Kia Forte and the Kia Rio), one minivan (the Kia Sedona), one truck (the Chevrolet Silverado 1500), and a selection of sports utility vehicles,” the complaint relays. “This means that Hertz openly excludes people who need hand controls from renting electric vehicles, convertibles, luxury sedans, and a variety of other vehicle categories that are available to the company’s nondisabled customers.”

To make matters worse, when an individual with a disability attempts to make a Hertz reservation, there is often no option with hand controls available aside from an SUV, the filing shares.

“This is particularly ironic because the height of most SUVs makes them difficult or impossible for people who use wheelchairs to get into without help, meaning that they are not a realistic option for many people who need hand controls,” the lawsuit points out.

In addition, Hertz often offers no option to provide hand controls in its cheapest vehicle categories, leaving drivers with disabilities unable to rent cars at the lowest rates, the suit claims.

Per the case, “the cheapest vehicle available with hand controls [is] often much more expensive than the cheapest vehicle without them—sometimes over $100 more, and in once [sic] instance over $200 more—meaning that Hertz is effectively forcing people with disabilities to pay a significant surcharge for hand controls.”

The complaint further charges that Hertz’s reservation process creates unfair barriers to customers searching for accessible rentals. As the website does not plainly indicate which cars can be rented with hand controls, consumers who require the accommodations must undergo a “lengthy and frustrating process of trial and error” to determine which vehicles are available to them, the filing explains.

As the suit tells it, the plaintiffs—two California residents who use wheelchairs—and other Hertz customers with disabilities have asked the company to revise its practices to ensure that people who require hand controls have full, equal access to its services. However, Hertz has allegedly “repeatedly refused to do so.”

The lawsuit looks to represent any potential Hertz customers with disabilities in the United States who need hand controls to operate a rental car.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.