Discrimination Complaints Against TLC Drivers

In short: refusing, mistreating or overcharging a passenger because of who they are can be charged under several TLC rules, and the rider may also bring a separate complaint to the NYC Commission on Human Rights. TLC's Office of Inclusion was set up to end service refusals and discrimination by TLC-licensed drivers, and it also helps drivers who are the targets of bias or crime.

This page explains both tracks, which TLC rules usually apply, and what each side can do. It is general information. Discrimination cases can carry serious penalties, so a driver who receives one of these summonses should talk to a lawyer.

Who is protected

The Office of Inclusion describes a service refusal as a driver declining a pickup, or ending a trip, because of the passenger's:

• drop-off destination
• race, color or national origin
• disability
• sexual orientation, gender or gender identity
• age, immigration status, religion or creed
• marital or partnership status, or pregnancy

TLC's Yellow Taxi Passenger Bill of Rights puts it simply: riders have the right to "not be refused service based on your race, ethnicity, cultural background, disability, gender or sexual orientation" and to travel with a service animal.

The TLC rules that usually apply

TLC rules do not have one single "discrimination" charge for drivers. Instead, the conduct is charged under the rule that matches what happened. The penalties below are from chapter 80.

A single incident can lead to more than one charge, for example a refusal plus abusive words. Refusals also count toward the mandatory-penalty ladder shared with overcharges: a third violation within 36 months means revocation. See TLC service refusal rules for the full ladder and the 15 lawful reasons to decline a trip. Note that none of those reasons involves the passenger's identity, and two of them carry explicit warnings: drivers must not refuse "solely because of behavior caused by a person's disability", and the "unsecured animal" reason never applies to service animals.

Bases and app companies have their own duties. Under rules 59B-14(b) and 59D-11(b) of chapter 59, a base or high-volume service must not instruct, authorize or permit an affiliated driver to discriminate unlawfully against people with disabilities, including refusing service, refusing to load mobility aids, or charging more than the set rate.

Disability: the most detailed rules

Most of the specific TLC rules about protected groups deal with disability. That is because disability refusals often look like something else: "the chair won't fit", "no dogs in my car", "your friend has to come with you". The rules close each of those doors. A driver must carry wheelchairs, crutches and other mobility aids (80-20(a)(3)), must accept service animals (80-20(a)(1)), must not require an attendant (80-20(a)(2)), must let a passenger who cannot use the rear seat sit in front (80-15(f)(2)), and must not charge extra for any of it (80-17(a)(3)). Rule 80-12(g) separately bans distracting or harming a service animal, with a fine of $500 to $1,500 and/or a 5 to 60 day suspension and 4 points. Our accessibility guide goes through these duties trip by trip.

Why these cases are hard on both sides

Bias is rarely stated out loud. A driver may say "I'm off duty" or simply drive away, and the passenger is left to explain why they believe the reason was race, religion or disability. At a hearing, the question is usually narrower than the word "discrimination" suggests: did the driver refuse without one of the lawful reasons, or say or do something abusive? Evidence such as a time-stamped trip log, the driver's app status at that moment, or a dashcam clip often decides that narrower question. For riders, details written down right away (time, place, plate or medallion number, what was said) make a complaint usable.

How often harassment charges appear

The chart shows summonses whose first charge is rule 80-12(e), threats, harassment or abuse. It covers all kinds of incidents, not only bias cases, and a summons is an accusation, not a finding.

Two separate tracks for riders

The Commission's law page lists the protected classes and the filing deadlines. The two tracks are independent: a fine at OATH does not end a human rights case, and the reverse is also true. A driver facing both should tell their lawyer about each one, because what you say in one case can be used in the other.

If you are the driver accused

1. Read the charge carefully. Check whether it is a refusal (80-20), a conduct charge (80-12) or both, and whether appearance is required. Conduct charges like 80-12(e) and 80-12(o) require you to appear.
2. Do not contact the passenger. Any contact can be seen as pressure. Let your representative handle communication.
3. Save records now: trip logs, app status, messages, dashcam footage, and names of anyone who saw what happened.
4. Write down your reason for any refusal and compare it with the lawful reasons in rule 80-20(b). If your reason was legitimate (for example, you had already accepted another trip), records that prove it matter.
5. Get advice before you plead. A guilty plea to a refusal still counts toward revocation, and a conduct finding can add points. See responding to a passenger complaint.

If you are a driver who faced bias

Discrimination runs both ways. The Office of Inclusion says drivers who experience discrimination in NYC can file a complaint with the Commission on Human Rights online or through 311. It also points drivers to the NY State Office of Victim Services for crime victims, to hate-crime reporting (911 in an emergency), and to the TLC Driver Resource Center for legal and financial help. The Commission and community partners run free bystander-intervention trainings in several languages.

Our passenger complaint process guide shows what happens at the hearing itself, and the passengers topic hub collects every rider-rule guide in one place.