Liu

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THOMAS LIU, Case No. 20-cv-07499-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

UBER TECHNOLOGIES INC., Re: Dkt. No. 59 Defendant.

The motion to dismiss the third amended complaint is granted. A plaintiff in a disparate impact case must allege three elements: “(1) a significant disparity with respect to employment for the protected group, (2) the existence of a specific employment practice or set of practices, and (3) a causal relationship between the identified practice and the disparity.” Liu v. Uber Technologies, Inc., 551 F. Supp. 3d 988, 990 (N.D. Cal. 2021) (citing Freyd v. University of Oregon, 990 F.3d 1211, 1224 (9th Cir. 2021)). Liu alleges that terminations at Uber occur on a racially disparate basis because of the company’s reliance on customer ratings. In his first amended complaint, Liu plausibly alleged that racial discrimination could affect customer ratings, including in the rideshare industry. These allegations go primarily to the second and third elements. But Liu did not adequately allege that this legitimate concern about racial…