Dealz ordered to pay €7,000 after challenging Irish Paralympian over guide dog in store
Irish discount retailer Dealz has been ordered to pay €7,000 compensation to a blind Irish Paralympian who was challenged at its Ilac Centre outlet last year for bringing her guide dog into the store.
Nadine Lattimore, a blind paralympian who competed for Ireland at the 2012 paralympic games in London told the WRC that she was humiliated by security personnel in Dealz after she was called out for bringing her guide dog, Pilot, into the shop, which drew attention to her disability.
Ms Lattimore said she had gone to the Dealz store at around 9.30am to purchase helium balloons for an event later that day The WRC heard she was familiar with the shop and the staff, some of whom who had been helpful in the past.
Ms Lattimore said she became aware of voices or a commotion behind her as she was making her way carefully to the cash register to look for assistance.Although she did not think it was anything to do with her, a security guard approached her and said: “Excuse me. That dog is not allowed in here.” Ms Lattimore said she felt humiliated and asked to speak with the manager.
The WRC heard the manager arrived immediately and confirmed the dog was welcome in the store and the mistake should never have happened. He explained the issue had arisen from the rotation of security guards. In her testimony to the WRC, Ms Lattimore acknowledged an apology had been made, including one from the security guard. However, she expressed concern that the situation had arisen at all. Ms Lattimore said she should not have been put in a position of having to identify or explain her disability.
In her decision, Workplace Relations Commission Adjudication Officer Penelope McGrath said in this case, there is no ambiguity. This is evidenced by the presence of a guide dog with all the associated paraphernalia. The Complainant painted a vivid image of how difficult standing her ground was. She had no sense of how many people were watching this interaction which took place in a public place.
Ms Lattimore explained that when she is out and about with Pilot it is clear that he is a guide dog. The Complainant showed me the reflective harness and vest together with the rigid handle frame. The dog also has a flash notice together with the medallion identifying the dog as a guide dog. I am satisfied that even the most cursory of glances would immediately identify Pilot as a working dog.
Ms Mcgrath ruled that Ms Lattimore had established a prima facie case of discrimination contrary to the Equal Status Act and had been made to feel “other”.
Awarding compensation of €7,000 to Ms Lattimore, Ms McGrath also directed that all Dealz staff be trained on a repeat basis on the provisions of the Equal Status Act and the associated duties of service providers. She also directed that signs stating guide dogs and assistance dogs are welcome should be displayed at entrances to their stores.
In a statement following the ruling, a spokesperson for the retailers said: “The tribunal confirmed that the individual involved was a security contractor, not a Dealz colleague, and that our store manager immediately stepped in to try and put matters right. “Nevertheless, we apologise again to Nadine for what happened at our Ilac Centre store last year. “It goes without saying service animals are, and always will be, welcome in all our stores, and we’re pleased to have the opportunity to make that clear.”