Liam Herrick

Kim Murphy brought a claim of discrimination against Hertz Rent-a-Car with support from the Irish Human Rights and Equality Commission.

When her 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 Mr and Mrs Murphy informed Hertz Rental case that the hair came from her guide dog, Hertz Rent-a-Car imposed a €150 valet charge.

Despite repeated requests, Hertz refused to refund the charge.

The Commission assisted Mrs Murphy in referring a complaint of discrimination on the ground of disability to the WRC.

In its written submissions on Mrs Murphy’s behalf, the Commission argued that her guide dog is essential to her independence and daily life and Hertz’s cleaning charge policy, while seemingly neutral, placed blind people at a particular disadvantage.

The policy was neither appropriate nor necessary and could not be objectively justified, the Commission said, and as such constituted indirect discrimination under the Equal Status Acts. Refusing to refund the charge amounted to a failure to provide reasonable accommodation, it added.

The Commission also emphasised the serious impact the incident had on Mrs Murphy’s dignity, and the importance of remedies that are effective, proportionate and dissuasive to prevent future discrimination.

In her decision, adjudication officer Gaye Cunningham found that Mrs 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 Equal Status Act by discriminating against Mrs Murphy on the grounds of disability.

Ryan’s Investments Unlimited Company (trading as Hertz Rent A Car) was ordered to pay €10,000 compensation to Mrs 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.

Commenting on the outcome, Mrs Murphy said: “I could not be more pleased with the outcome and am very grateful for the support given by IHREC.

“In particular, this wasn’t just about my case but helping to prevent it happening in the future to myself or others.”

Chief commissioner Liam Herrick said: “This is a significant and important equality ruling. This decision sends a strong and important message that people with disabilities must be able to access services on an equal basis.

“Guide dogs are not optional; they are essential mobility aids. Ms Murphy relies on her guide dog as her sole mobility aid. This allows her to travel independently and to access everyday services. Penalising someone for using a guide dog is discriminatory and unlawful.

“The WRC’s ruling, including the requirement that Hertz change its policies in this regard, will help ensure that blind people are not faced with unfair charges the next time they or their loved ones try to rent a car from Hertz.”