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€10,000 for woman over guide-dog charge

The Workplace Relations Commission (WRC) has ordered a car-rental company to pay €10,000 in compensation to a blind woman after charging her €150 to have her car cleaned of fur from her guide dog. 

The commission found that Hertz Rent-a-Car had discriminated against Kim Murphy, who is registered as blind. 

The Irish Human Rights and Equality Commission (IHREC) assisted her in referring a complaint on the ground of disability to the WRC.

Valet charge 

In this case, when Ms Murphy’s husband returned a rental car that he had hired for the married couple’s joint use, Hertz Rent-a-Car said that there was dog hair in the car. 

Even after the couple told Hertz Rental case that the hair came from the guide dog, Hertz Rent-a-Car imposed a €150 valet charge. 
 
Despite repeated requests, Hertz refused to refund the charge. 

IHREC’s written submissions argued that Ms Murphy’s guide dog was essential to her independence and daily life and that Hertz’s cleaning-charge policy, while seemingly neutral, placed blind people at a particular disadvantage. 

The commission also argued that the policy was neither appropriate nor necessary and could not be objectively justified and, as such, constituted indirect discrimination under the Equal Status Acts. 

Disadvantage 

In her decision, adjudicator Gaye Cunningham found that:

• Ms Murphy is a person with a disability under the Equal Status Act 2000,
• The valet charge placed her at a particular disadvantage compared with other customers,
• Hertz’s blanket cleaning policy failed to take account of guide dogs, and
• The company failed to provide reasonable accommodation. 

The WRC ruled that Hertz had breached the 2000 act by discriminating against Ms Murphy on the grounds of disability. 

It ordered Ryan's Investments Unlimited Company (trading as Hertz Rent A Car) to:

• Pay €10,000 compensation to Ms Murphy for the effects of the discrimination suffered,
• Issue a formal apology, and
• Update its policies and procedures to make specific provision for people with disabilities – including blind people who require the carriage of a guide dog. 

IHREC’s chief commissioner Liam Herrick described the ruling as “significant and important”, adding that it sent a strong message that people with disabilities must be able to access services on an equal basis.