Steakhouse loses $12,000 human rights tribunal ruling after ignoring germaphobe’s requests

Douglas Quan

In a case that raises questions about how far businesses should be obligated to accommodate customers’ needs, the Ontario Human Rights Tribunal has awarded $12,000 to a man with obsessive-compulsive disorder because his neighbourhood restaurant stopped fulfilling his special requests, including that his water be served without a lemon or straw.  The decision released this week found the man “suffered injury to his dignity, feelings, and self-respect” after the restaurant refused to make “very simple accommodations” and after the manager made “hurtful” comments to him.

One hospitality industry expert said the outcome did not surprise him and should serve as a warning to managers to be more attuned to their guests’ wishes.   “The door is open with respect to the risk of discriminating against people for any reason,” said Don Longchamps, a professor of hotel and restaurant management at Algonquin College in Ottawa.  “Responsibility (to accommodate) will never be lessened. It will only be increased with time.”

The complainant, identified only by his initials P.G., testified he suffered from post-traumatic stress disorder, obsessive-compulsive disorder and germaphobia.......To Read More.....

My Take - Okay, assuming everything this guy claims is true......he had bad service.  Assuming everything this guy claims is true...... the manager was an obnoxious jerk.  Assuming everything this guy claims is true....... none of this was worth a $16,000 fine by the government.  Hurt feelings isn't the government's business.  That's insane!

His requests about the silver ware and water weren't all that unreasonable. Make no mistake about this  -  If he was Prime Minister of Canada they would have been happy to jump through those hoops.  However - he isn't - and since they didn't want his as a customer - the mistake they made was letting him get seated in the first place.  I would have told him if he wants to eat here he gets seated wherever there's a seat available, and we're not doing any extra cleaning, and he should have been told that the last time he was there as he was leaving.   

What we don't know is how many other issues they've had with him over the years.  Remember....he's nuts!   I  also wonder what kind of tipper he's been over the years.  Usually waitresses and waiters will do a lot of jumping for a good tipper.....even one as fussy as this one.......unless they've been rude, demanding, and obnoxious like Jack Nickleson was in As Good as It Gets.  

Also......this is a public place, this isn't his home.  This guy's high maintenance, and as time goes by he will become worse, and yes....the manager's a jerk - which is more common than you may think in the "hospitality" industry - but none of that merits a $16,000 fine by a bunch of government bureaucrats.  The question we should be asking is this:  Who really is nuts in the story?

Oh...one more thing.  I just had a thought.  What's the difference between accommodating and enabling?