Reacting to a class action lawsuit brought against Dunkin Donuts where the store charges more for non-dairy milk, Professor Arlene Kanter sees this as a strong case for discrimination under the Americans with Disabilities Act (ADA). She is quoted in the NBC News article “Is that extra charge for nondairy milk discrimination? A lawsuit challenges Dunkin’ Donuts’ fees.”
“If a person qualifies as a person with a disability, and they’re entitled to an accommodation or modification — which in this case looks pretty simple as nondairy milk — they cannot be charged extra,” says Kanter, adding that allergies and intolerances can be a disability if they substantially limit a major life activity.