VANCOUVER – Ikea customer who claims a request to return an item was refused because of his skin color has had his human rights complaint against the retail giant dismissed .
Jason Sienaert filed a complaint against Ikea regarding an incident on April 23, 2019. Sienaert alleges that when someone by the name of Alex – with whom he went to the store – attempted to return a set of drawers recalled, his request was rejected.
The decision of the British Columbia Human Rights Tribunal, released Thursday, said Sienaert claimed that an employee suggested he was related to Alex based on their skin color and demanded he prove otherwise. He also says that Ikea staff embarrassed him in front of other customers and called him a “prolific comeback.”
“He says the returns employee refused the return because she believed Alex was part of her family because of the color of their skin,” tribunal member Jessica Derynck said in her ruling on the complaint.
“He said the manager then got involved and said Ikea has a policy of limiting recall returns per household, and told Alex that her family had made too many returns and they couldn’t. no longer accept, even though no one had established a family relationship between Alex and Mr. Sienaert. “
According to Derynck’s decision, Sienaert claimed that he was “forcibly” asked for his identity to prove that they were not related.
Ikea, on the other hand, alleges that Sienaert himself was trying to make the comeback that day. The company has confirmed that it has rules in place regarding the number of recalled items a person can return without a receipt and alleges that Sienaert is well over the limit of six.
In its supporting documentation, Ikea submitted files that appear to show returns associated with Sienaert’s address, although Derynck says it’s not clear if he made all of the returns himself.
Ikea claims that 40 recalled dresser returns were linked to Sienaert’s address and Derynck says the files appear to show his name associated with 19 of them, which are valued over $ 3,200.
“Ikea says based on Mr. Sienaert’s return history, it was advised that Ikea would need proof of purchase to process the return since it had returned more than six recalled dressers. “, indicates Derynck’s decision.
“He indicates that the store’s returns manager had previously contacted Mr. Sienaert to inform him, either directly or in a detailed voicemail message.”
Sienaert says he was never made aware of the return policy.
In deciding to dismiss the complaint, Derynck says Sienaert was unable to prove “that his skin color or family status were factors” in the way he was treated at Ikea that day. Part of that decision was made based on apparent discrepancies between Sienaert’s complaint, an email he sent to Ikea and a response to his request to the human rights tribunal, Derynck said. .
For example, in one of these documents, Sienaert allegedly suggested that he did not know Alex.
Notably, in the email Mr. Sienaert wrote to Ikea on April 24, 2019 complaining about the interaction, he did not mention discrimination or skin color at all, but did complain. embarrassment and disrespect of the public, “says the decision.
“In reaching my conclusion, I also considered that Mr. Sienaert does not identify his skin color in his complaint or response to the request. He does not suggest that Ikea was using stereotypes based on the race.”
In 2016, Ikea has issued a recall for dozens of its dressers, fearing they could tip over if not properly secured to the wall, which could seriously injure or kill children.
By the end of 2017, eight rollover incidents had been reported in Canada with six injuries. In the United States, 299 overturning incidents have been reported to date, resulting in eight deaths and 144 injuries in children aged 19 months to 10 years, according to Health Canada.
Those who had one of the drawer sets could either return it for a refund or get a free wall anchor kit from the store.
