Ho v. The Hertz Corporation
In February 2024, DRA filed a class action lawsuit in the Northern District of California against national car rental company Hertz to end its systemic civil rights violations against people with disabilities who need hand controls to operate a rental car.
While there are many configurations, hand controls generally consist of a mechanism that allows drivers to accelerate and brake using one hand, and a “spinner knob” that allows for steering with the other hand. Though a single model of hand control may not work in every car, there are many models available, such that hand controls can be installed and used in virtually any car on the market today. Read the complaint.
Over twenty years ago, DRA negotiated a class settlement agreement with Hertz that required the company to, among other things, install temporary hand controls on all vehicle models for which they could safely be operated (see bottom of this page for link to accessible copy of settlement). For many years thereafter, Hertz had a policy of providing hand controls for people with disabilities in a wide variety of its rental cars. Unfortunately, in recent years Hertz has made its services less accessible to people with disabilities by drastically reducing the models and types of vehicles that may be reserved with hand controls. This means that Hertz openly excludes people who need hand controls from renting a variety of vehicle categories that are available to the company’s nondisabled customers.
By depriving customers who need hand controls of the opportunity to rent whole categories of vehicles available to nondisabled customers, Hertz is denying people with disabilities the full and equal enjoyment of its goods and services that is their legal right under the Americans with Disabilities Act.
DRA represents two individuals—Christina Mills and Carina Ho—who use wheelchairs and require hand controls to operate a rental car. On multiple occasions, they have sought to rent a vehicle from Hertz but have found that hand controls were only available on an extremely limited (and often, more expensive) set of Hertz vehicles.
People with disabilities have been asking Hertz to revise its discriminatory hand control policies since at least 2016, and in January 2024 Plaintiffs sent the company a final letter asking that it voluntarily do so. Unfortunately, Hertz once again refused to make any changes, leaving us no choice but to file suit.Ho
The case is Ho, et al. v. The Hertz Corporation, et al., Civ. No. 3:24-CV-01066-MMC (N.D. Cal.).
Note on case documents: The settlement agreement in PDF form is the original, signed copy. The Word version was created solely for the purposes of providing an accessible copy of the original PDF, while this document is identical in content, the formatting slightly differs from the original PDF and it is not signed by any parties. This document should not be altered by anyone who downloads it as it is DRA property.
Case Files
Press Releases
- February 22, 2024: Hertz Sued for Discriminating Against Drivers With Disabilities
Media Coverage
- March 1, 2024: Legal Reader
Hertz Sued for Discriminating against Drivers With Disabilities - February 27, 2024: Berkeley Daily Californian
DRA Files Class Action Lawsuit Against Hertz - February 26, 2024: Auto Rental News
Hertz Faces Class Action Lawsuit Over ADA Driver Access to Rental Cars - February 24, 2024: KTLA Los Angeles
Hertz Being Sued for Allegedly Discriminating Against Drivers With Disabilities - February 23, 2024: SFGATE
Advocates Bring Class Action Lawsuit Against Hertz On Behalf Of Disabled Drivers - February 23, 2024: Daily Journal
Hertz Accused of Discriminating Against Disabled Renters - February 22, 2024: Law360
Hertz Sued Over Policy Limiting Options for Disabled Drivers