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.
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
