DISCLAIMER: The following is information that is publically available along with personal opinion and exploration and should not be interpreted as legal advice in any way, which I am not insured or regulated to offer.
Recently there has been a group litigation case against big supermarkets for discrimination of disabled shoppers during the COVID-19 pandemic.
https://www.disabilitynewsservice.com/coronavirus-supermarkets-face-biggest-class-action-of-its-kind-over-discrimination-claims (dated 23 April 2020)
https://www.bbc.co.uk/news/disability-52761291 (dated 22 May 2020)
Over 300 disabled shoppers have instructed the firm Fry Law, who specialises in Equality and Human Rights work. They claim they have been discriminated against because the big supermarkets have failed in their requirement to make the reasonable adjustments necessary for them to shop safely, which is in breach of the Equality Act 2010.
As we have seen, the pandemic has forced supermarkets to make changes to the shopping experience both in-store and online. These include:
Limiting the number of shoppers in the store at any one time, which means shoppers may have to queue outside;
cleaning stations in-store;
one way systems; and
preferring contactless payment over cash
One of the 300+ claimants showed me the article and offered to speak a bit more about how the measures have impacted them.
They are autistic and when they shop for groceries they use the online delivery function - book a slot, fill your 'basket', confirm for delivery, and then take delivery at the agreed time. They avoid crowded busy places due to sensory overload and the impact that this has on their health, so shopping for groceries online is essential for them to get in food and drink and other supplies.
But at the start of the pandemic, this support mechanism was taken away as their local supermarkets withdrew on-line deliveries for customers unless they were on the shielding list. Furthermore, when they tried to shop in-store they found they were treated less favourably than their peers, despite there being many examples of best practice in regards to supporting autistic individuals with queuing in busy, crowded places. Their experiences left them feeling understandably upset and angry.
After their complaints went ignored they decided to start legal action. Finding advocating for their rights exhausting, they hope that by taking this approach it will affect long-lasting change by encouraging decision-makers to intrinsically think about the needs of those covered by the Equality Act 2010.
As the matter is ongoing I'm restricted from talking much more about it, but this piece of news does raise a number of good points that I'll look to explore here, including:
Compliance with the law and the work done so far
How the measures implemented to prioritise have been detrimental to the autistic community
Systemic/institutionalised ignorance and discrimination being accepted/not challenged
Success stories around the world and what the UK can learn from this
Compliance with law and work done so far
To apply to this scenario, the Equality Act 2010 requires reasonable adjustments to be made so that disabled persons, including the autistic community, can shop in stores and online. Section 29(2) states that it is unlawful for a service provider (ie someone, be it an individual or a company, who provides goods or services either for free or for a price) to discriminate against a disabled person by not providing/withdrawing goods or a service, or providing them with a lesser service or a service on worse terms than they would provide to a non-disabled person.
Based on what I have read around this topic, along with conversations with others and their observations, I'm not completely satisfied that the autistic community has been factored into decisions made by big supermarkets over the last few months of the pandemic and lockdown.
Pre-pandemic, big supermarkets (along with other retailers such as the toy shop The Entertainer) introduced the "autism hour" whereby these stores would make adjustments so as to make the shopping experience more accessible and less overwhelming for those with sensory difficulties. These adjustments include:
turning off tv screens and music playing over speakers,
dimming lights,
turning down sounds on checkouts, and
offering information to staff and customers about autism spectrum disorders and why they are doing what they are doing.
It wasn't to exclude any other shoppers, nor was it to solely permit autistic shoppers and those with sensory difficulties to ONLY shop during this hour. It was to make it easier for autistic shoppers to shop by turning down the disruptive stimuli, which would surely make no measurable difference to the in-store shopping experience of other shoppers.
The autism hour is a start, though I understand that it may be a bit tokenistic. But in reading around this article, I’ve tried to consider as much as I can as an outsider looking in as opposed to an internal decision-maker or policymaker.
The autistic community makes up around 1.1% of the UK population, including those that are diagnosed as and who may be on the spectrum. As it is a spectrum disorder, different people show different traits and difficulties as opposed to it affecting everyone the same, which to individuals not familiar with or not as well educated can mean it is a difficult job to try to accommodate everyone’s individual needs. Not that big supermarkets shouldn’t try and do all they can, though – it doesn’t absolve them from the responsibility to make themselves accessible to everyone, pandemic or no pandemic.
The fact that the autism hour has been implemented is a sign to the community that supermarkets are making an effort to educate themselves and they are listening to the advocacy work of the charities that have contacted them. It isn't enough to just have one hour a week, but I personally welcome this as the start of things to come and am interested to see what else they will do. Further conversations and work with charities and groups will need to be had in order to build on these reasonable adjustments and support measures.
How the measures implemented to prioritise shopper safety has put the autistic community at a detriment
Speaking in the context of the COVID-19 pandemic, supermarkets and their ways of being used, ie in-store and online, are being truly tested so as to ensure shopper safety. The pandemic is certainly a spanner in the works to any work supermarkets were doing or going to do to make the shopping experience more accessible to the autistic community.
For visiting in-store, I appreciate the measures that have been implemented for shopper safety, ie physical distancing including having to queue outside where needed, cleaning stations, limiting the number of persons inside, one-way systems etc, are there for the greater good of keeping everyone as safe as possible on-premises. I do not think that supermarkets took into account the needs of the autistic community including those of us who have difficulty with large crowds or such a massive shakeup to our routines and norms regarding shopping.
Many of us have grown up and accepted what is the normal operating procedure when grocery shopping, and now that drastic changes are having to be made, this can be distressing to the community. It is ignorant to say "just get on with it", and to say "get someone else to do it" misses the point entirely because why should the autistic community sacrifice our independence and agency when faced with this adversity? Support and encouragement will be needed for those who are seriously affected, no doubt, but at no point should we be seen as incapable. Its a learning process, same with everything we have learned to do in life.
More work and understanding are needed here in amongst the obvious need to keep in-store shoppers safe during a pandemic. At the time of writing this, supermarkets have relaxed the rules as the rate of infection has been dropping nationwide. So more than one person at a time can shop together, which is a huge help to disabled shoppers including those who are deafblind, have decreased mobility, or who need a family member/supporter/carer to shop with them.
For online shopping, it was great that supermarkets made online delivery slots available for shoppers who had to shield first and foremost as they were advised to stay at home for 12 weeks and have no contact with anyone outside their household. I think because it was easy for supermarkets, and the government, to define who needs to shield. Again, it comes back to the fact that it being a spectrum disorder means there are some whose needs are even greater and they are not getting the support from supermarkets that they need. That to me is ignorance on the part of the government and supermarkets to not consider the notion that sensory difficulties make in-store shopping a non-starter for those who have them.
Ignorance is not a defence, but I personally believe, whether that be because of nature or nurture, that education is the right tool to obliterate ignorance and begin the learning process that hopefully ends with a greater understanding and greater support being put in place.
Let's consider the sensory overload mentioned above and how that can impact health.
How we deal with an episode of sensory overload comes from the flight, fight or freeze response to severe stress or agitation or threat. So some of the things we might see might include:
running and hiding,
emotional distress, similar to an episode of anxiety or a panic attack,
avoiding eye/verbal contact or acknowledgement altogether, or
shutting down entirely
Watch this VR video uploaded to YouTube by the National Autistic Society called Too Much Information. It helps to watch on a smartphone, but you can also use your mouse/cursor to adjust the point of view in-video.
It gives you an idea of what stimuli are around even in a relatively slow-paced shopping centre from the perspective of a child with autism, as well giving you an idea of how overwhelming an everyday environment such as a shopping centre can be to an autistic person experiencing TMI and what sensory overload can look and feel like.
To get the full experience, the National Autistic Society suggests viewing this video with a VR headset and headphones.
Systemic/institutionalised ignorance and discrimination
It is absolutely right that we are seeing challenges to the systemic and institutionalised bias, prejudice and discrimination towards our minority communities that has penetrated and lingered in our society, and from those challenges will come a much greater understanding, education, awareness and acceptance that more can be done and has to be done to achieve lasting change, however uncomfortable that may be. Lasting chance never came smoothly or comfortably, but what is worthwhile and right and just has never and will never come easy.
I am so happy that equality, diversity and inclusion is being more accepted and talked about all across the board by everyone, be they an individual or a company. From the perspective of the autistic and neurodiverse communities, I'm very happy that there are people trying to educate themselves and take a look at what measures and adjustments can be implemented so as to be fully accessible to our community.
Regarding the autism hour, on its own it isn’t enough to be fully accessible outside of those hours but it is a start and its good to see supermarkets and retailers try. This is very helpful especially to change the perception of those of us with autism and who may be experiencing bad days due to sensory overload, not understanding certain things being told to them not for lack of trying, or who are having trouble being accepted because of nothing more than who we are.
We're not naughty or misbehaving; we are reacting to the world and everything that it is throwing at us in the ways that we know or have learned or have developed to keep us safe and well.
We're not unintelligent; we just learn a different way which may at times be a little slower than you'd like, but we're doing the very best we can.
We're not loners or unapproachable; we're just very select on who we allow into our bubble as we've been burned before and do not want to have it happen to us again.
The advocacy work of different charities has bought the issues to the attention of the big supermarkets, but there hasn't been the same pressure for supermarkets to constantly treat the community equally. What will change this is charities and the community continuing to speak out, call out shortcomings, work with supermarkets on more that can be done, hold them acocuntable and continue to be assertive in advocating for change and improvement and not take no for an answer.
Success stories around the world and what the UK can learn
Disneyland Park in Anaheim, California and Disney World in Orlando, Florida have both outlined the services and support available for visitors with what they call cognitive disabilities, including autism. The support available is very thorough and covers a lot of what might be seen or experienced during an instance of sensory overload.
The parks are venues that attract visitors including young families from all over the world, and Disney is such a well-known brand with a huge amount of international goodwill gained over the years. It makes a huge amount of sense that the parks and the brand will invest so much effort into making the venues accessible to everyone possible.
The Disability Access Service (DAS) is a very innovative and clever adjustment and can be applied for at the Guest Relations points. Say a visitor or someone else with them can't tolerate waiting in a long line for an attraction because, say, they may wander off or become difficult when waiting for a long time in a long queue. There is the function to schedule a return to the attraction at a time later in the day. Some attractions even have a "secret entrance" designed for this purpose. This means visitors can wait elsewhere, including in an environment more comfortable and away from crowds and long queues (Disneyland Park has dedicated quiet areas too) and then return when their time slot comes around.
After reading this, I'm thinking about how supermarkets and retailers might be able to do similar here. Similar to the function to approach Guest Relations at a Disney park, perhaps supermarkets can include a function where a shopper or a family member/person providing care and support can reach out, explain the support needs, and book a time to arrive at the store where those needs can be supported. Could be either via email, phonecall, or an in-site chat application like those ones you see pop up when you first arrive on a website landing page and says "Hi, can I help you with anything today?"
Ready for the time that the shopper arrives, adjustments can be made to reduce disruptive or negative stimuli such as
one or more measures utilised in the autism hour (dimmer lights, quieter music/tv/sounds),
maybe something like plotting a "road map" based on a shopping list so as to make the experience more structured and less "scattergun",
maybe allowing a shopper to enter through a quieter entrance away from the bottleneck of those shoppers arriving and leaving via the main entrance - I know from my experiences volunteering at law courts in my home region that there are separate entrances that witnesses can apply to use so as to avoid running into someone who could intimidate or frighten them
advice as to when there are quieter times to shop in that particular store in case the autism hour is not convenient (they tend to be early in the morning, and I'm not a morning person!)
This is based on the notion that either there are no delivery slots available or that a person wants/prefers to visit the store.
I'll be writing to supermarkets to explore this to see how feasible a support measure such as this would be and will be happy to report back in a later blog any response I get.
So this post has explored a lot and there is still more to be done for the autistic community both during and post-pandemic. I expect that more tangible work will be done post-pandemic at this rate, but I will be interested to hear how the group litigation claim concludes.
In the meantime, be safe and be well!
Credit: Cover image photo by Nathália Rosa on Unsplash
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