German supermarket group, Lidl, has been ordered to pay €2,000 to a blind Irish Paralympian after she was asked to move away from a bakery section in one of its stores because of her guide dog.
The Workplace Relations Commission ruled that Lidl Ireland has discriminated against Nadine Lattimore on grounds of disability over the incident which occurred on February 14th, 2024.
While the company accepted that there had been shortcomings in how Ms Lattimore was dealt with in the store, it argued that a prima facie case of discrimination had not been made out by the complainant.
Counsel for Lidl, Lorna Madden BL, pointed out that the customer had not been refused service and that assistance had been offered to her before she had been asked to move away from the bakery section.
Ms Madden said Lild rejected the suggestion that it had failed to provide reasonable accommodation to Ms Lattimore in accordance with the Equal Status Act 2000.
In evidence, Ms Lattimore said she had attended the store for many years and was with her clearly identifiable guide dog who was assisting her around the supermarket.
Ms Lattimore said she believed she was discriminated against as she never had a problem in the store during previous visits when she had used her cane when she was without her guide dog.
She gave evidence that the shop assistant told her that she was concerned about the dog interfering with or licking the food.
Ms Lattimore, who competed in track and field events for Ireland in the Paralympics in London in 2012, said she walked away as she felt “humiliated, frustrated and upset.”
As she was moving away, she could hear what had happened being discussed with someone referring to her as the person who had previously attended the store with a dog who had spoiled bakery products.
Ms Lattimore said she was further humiliated and upset by this remark as she claimed it was damaging to her character and set an unwanted tone for future visits to her local supermarket.
The WRC heard she subsequently had a conversation with a deputy store manager and the shop assistant which she regarded as “hostile and unprofessional in nature.”
Ms Lattimore said another staff member intervened to apologise and clarify that the complainant was not the owner of the dog who had been involved in the incident of eating bakery products.
She recounted how she returned to the supermarket a week later when she was reassured by the store manager that the incident from the previous week would never recur.
Ms Lattimore asked the WRC to order Lidl to demonstrate its commitment and compliance to the legislation by displaying “Guide Dogs & Assistance Dogs Welcome” signage at store entrances.
The WRC heard that the shop assistant who asked the complainant to move away was not acting in accordance with Lidl’s policies. The company accepted that the situation was not dealt with in the manner it would hope or expect of its staff.
However, Lidl argued that Ms Lattimore was not treated differently or less favourably because of her disability from other customers making complaints.
The WRC was informed that Lidl communicated directly with the complainant following the incident and invited her and her dog to attend its head office to discuss her experience so that lessons could be learnt.
The company also outlined measures it had taken to avoid similar incidents occurring, including holding a meeting with the association representing Irish guide dogs.
Ms Madden said Lidl had started work last March on creating more robust policies around staff training in relation to guide dogs.
Lidl’s director of legal and compliance, Sorcha Finnegan, apologised for the personal impact that the incident had on Ms Lattimore.
WRC adjudication officer, Kara Turner, said the material facts of the case were not in dispute, and she ruled that Ms Lattimore had been discriminated against on grounds of disability.
Ms Turner said there was a failure on the day of the incident by the shop assistant to do all that was reasonable to ensure that the complainant had access to the service and to obtain goods.
She said the failure caused Ms Lattimore unnecessary upset and humiliation.
Ms Turner said there was no discrimination on grounds of disability in relation to the conversation she had with the deputy store manager, although she acknowledged the response to the issue was “undesirable and unprofessional.”
She said Lidl’s apology and the expression of interest in obtaining Ms Lattimore’s assistance with the company’s work in relation to guide dogs was “sincere” and demonstrated its understanding of the impact that the incident had on her.
Awarding compensation of €2,000, Ms Turner said it was not appropriate to make the order requested by Ms Lattimore about signage as Lidl was engaged in ongoing work to address issues arising from the case and had shown its commitment to ensure compliance with the relevant legislation.
In July, the WRC ordered the discount retailer, Dealz, to pay Ms Lattimore €7,000 in compensation after she was challenged for bringing her guide dog into its store in the ILAC centre in Dublin in June 2023.
