Those were some expensive chips.

I've posted here and here about the lawsuit filed by the Equal Employment Opportunity Commission against Walgreen, which terminated a diabetic drug store employee for eating a bag of potato chips without immediately paying for them. The employee contended that she had to have the chips because her blood sugar was low, and she said she was unable to comply with the store's normal procedures for paying for merchandise.

Law360 reported this morning that the lawsuit has been settled -- for $180,000. The news item requires a paid subscription, but here is a copy of the Consent Decree.

Yes, this was California/Ninth Circuit, but employers really need to be careful about taking action for "misconduct" when the employee contends that the "misconduct" was caused by a disability.

$180,000 over a $1.39 bag of chips. That hurts.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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