Obsessive Compulsive Restaurant Requests: "The Customer Is Always Right"

A recent successful claim by a person with obsessive compulsive disorder and germaphobia confirms that the scope of the legal obligation under Canadian law to accommodate persons with disabilities continues to expand. In its decision in P.G. v. Baton Rouge Restaurant (2016) HRTO 500, the Ontario Human Rights Tribunal ordered a restaurant to pay $12,000 in damages due to a manager's refusal to serve a patron.

The claim involved an individual, P.G., who has been unable to work because of medical conditions since 2002. Prior to 2013, the applicant and his spouse regularly went to their local Baton Rouge Restaurant. During these visits, P.G. disclosed his conditions and related requests to the manager and restaurant staff, who accommodated him. The specific requests including being seated away from other patrons, having the seating area cleaned in P.G.'s presence, and particular instructions about how to be served. As an example, P.G. required that his water be served