Dunkin’ Donuts’s Lactose-intolerant customers have lost tolerance for what they believe is discrimination from the fast food chain. They have brought a class action lawsuit against the company, asking for $5 million in compensation.
The complainants have accused the donut shop of charging extra for nondairy coffee and tea additives. They told the court that the company charges up to $2.50 for nondairy alternatives such as oat or almond milk.
The customers also believe that the donut shop’s actions violate the Americans with Disabilities Act. The purpose of the Acts is to protect the rights of people living with disabilities.
Lactose-intolerant people find it difficult to digest the sugar in dairy milk completely. This sugar is called lactose.
The reason for this inability is a lack of sufficient Lactase (an enzyme) in the body. The job of Lactase (which emerges after being produced by the small intestine) is to digest lactose.
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Several uncomfortable symptoms show up when people with lactose intolerance take dairy milk. They include diarrhea, nausea (which usually comes with vomiting, bloating, gas, and stomach cramps.
Persons with lactose intolerance have found delight in the Americans with Disabilities Act. The Act mandates every “public accommodation” to make “reasonable modifications in policies, practices, or procedures” for people living with disabilities. But only when these revisions are crucial for “good services, facilities, privileges, and advantages, or accommodations” to people with disabilities.
Bogdan Enica, the attorney who filed the suit on behalf of the group of ten disgruntled customers, explained the group’s grievance. “The nondairy alternative surcharge has real and practical consequences for consumers suffering from lactose intolerance and milk allergies.”
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“A consumer will pay at least $0.50 to $2.15 more for a coffee-based drink at Dunkin for nondairy alternatives,” he lamented. “Nondairy alternatives, which do not contain lactose, are medically necessary for individuals with lactose intolerance and milk allergies.
The lawsuit argued that the prices of nondairy alternatives are not substantially higher than those of dairy milk. Enica also stated in the lawsuit that Dunkin’ Donuts customers do not need extra work to provide customers with alternatives.
Enica filed the lawsuit in a Northern California District Court on December 26th, 2023. He further disclosed that 50 more customers have applied to join the lawsuit.
Arlene Kanter, the founding director of Syracuse University’s disability law and policy program, believes the plaintiffs have a solid case. She stated that if an individual qualifies as a person living with disabilities, the law affords them the right to an accommodation or modification. “Which in this case looks pretty simple as nondairy milk — they cannot be charged extra.”
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Kanter further stated that once a customer indicates that they have an allergy, Dunkin’ Donuts “can’t impose a surcharge — as they don’t for caffeine-free drinks, etc.”
The lawsuit also captured claims under disability discrimination laws in the home states of its plaintiffs. These States include Hawaii, New York, Colorado, Texas, and Massachusetts.
Dunkin’ Donuts has filed a waiver confirming their knowledge of the lawsuit. The law allows them until March 4th to tender their response.
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