By Leslie Pujo, Partner at Plave Koch, PLC
Accessibility can affect almost every part of the customer experience in the vehicle rental/mobility industry, from the vehicles and equipment offered to reservation systems, employee practices, and customer qualification policies. Each can raise questions about how the Americans with Disabilities Act (ADA) applies.
A recent nationwide class action settlement involving The Hertz Corporation highlights some of those issues. The settlement resolves claims that, among other things, Hertz allegedly violated the ADA by: (1) limiting options for vehicles equipped with hand controls, which effectively imposed an impermissible surcharge on some customers with disabilities who had to rent more expensive vehicles than those available to nondisabled customers; and (2) failing to use a transparent reservations flow on its website. Hertz’s settlement included changes to its practices, including establishing a hub of minivans and updating its website.
While the Hertz case focuses on hand controls and website accessibility, it provides a reminder for all vehicle rental/mobility businesses to take a broader look at their ADA practices.
Adaptive Equipment and the Reservation Process: Lessons from the Hertz Settlement
Adaptive driving equipment presents additional considerations. A vehicle rental/mobility business must provide vehicles with certain adaptive driving devices – at no additional cost – unless doing so interferes with airbag or other safety functions. A particular model may not be capable of being safely or effectively modified, and equipment may affect other safety features.
Businesses should know which adaptive driving devices they can provide, which vehicle models can accommodate them, how equipment is installed, and which employees or outside contractors are trained to install them. A vehicle rental/mobility business may require advance notice from customer requesting a vehicle with adaptive driving devices – the amount of notice will vary, depending on the business’s fleet size and location.
The Hertz case also illustrates that accessibility starts before a customer reaches the rental counter. In addition to the allegations involving hand-control vehicles and additional fees, the plaintiffs in the Hertz case raised concerns about the difficulty in finding information regarding accessible options and adaptive equipment through the company’s website.
Rental businesses should periodically review their reservation process. Can customers easily find information about available options? Is the process for requesting equipment clear? Does the information online match what employees are prepared to provide?
Service Animals: Know What Employees Can Ask
Although dogs are generally the only recognized service animals, the ADA regulations also permit miniature horses as service animals in certain circumstances. When it is not obvious that an animal is a service animal, employees may ask whether the animal is required because of a disability and what work or task it has been trained to perform. They cannot require documentation or certification, ask about the person’s disability, or require the animal to demonstrate its task. Nor can they charge a pet fee or deposit (but if a business normally charges an additional cleaning or damage fee, it may charge a disabled customer for additional cleaning or damage caused by the service animal).
Employees should understand these rules before encountering a request involving a service animal. Clear policies and training can help prevent employees from asking impermissible questions or mishandling a request.
Additional Drivers and State Requirements
The treatment of additional drivers is another issue rental companies should consider. A person with a disability may rent a vehicle even when another individual will operate it. In that situation, the driver must still meet the rental company’s age requirements (if any) and hold a valid driver’s license, but the rental company cannot charge an additional driver fee.
Employees should understand when an additional-driver policy intersects with ADA requirements rather than automatically applying the standard fee structure.
Federal requirements are also only part of the compliance picture. Businesses operating in multiple states should monitor state laws that may impose additional obligations. For example, recent legislation in Colorado creates additional requirements related to rental reservations and accessibility information.
Training and Regular Reviews Matter
A written policy is only useful if employees know how to apply it. Regular training can help employees understand the questions they can ask, how to respond to accommodation requests, and when to involve a manager.
Businesses should also periodically review their policies, website, reservation process, paperwork and equipment. Compliance is more complicated for franchised systems, since a franchisor may establish systemwide standards and operate reservation systems while individually owned and operated franchised locations interact directly with customers.
Companies should also be mindful of potential ADA litigation, including lawsuits brought by individuals who identify accessibility issues across multiple businesses. Keeping policies, employee training, equipment and customer-facing information current can help businesses respond when an ADA issue arises.
ADA compliance is not a one-time exercise. Laws and regulations change, employees come and go, and reservation technology continues to evolve. Regular reviews can help businesses identify gaps before they become problems.
Plave Koch’s attorneys have experience helping franchisors and businesses navigate regulatory compliance and minimize legal risk. If you are a vehicle rental/mobility operator have questions about your ADA obligations or are reviewing your company’s accessibility practices, contact your attorney for guidance tailored to your business.