Josefina Hernandez worked as a cashier for Walgreens for almost 18 years. In 2008, her employment with the drugstore was terminated due to what Walgreens interpreted as theft.
While she was at work, the 57 year old diabetic suffered an attack from low blood sugar. In an to attempt to stabilize her low blood sugar, Hernandez grabbed a $1.39 bag of chips and ate them. Hernandez paid for the chips after she recovered from the attack. The longtime cashier was terminated for violating Walgreen’s antitheft policy.
After a failed attempt at reconciliation, the EEOC filed suit against Walgreens on behalf of Ms. Hernandez.
According to this article, U.S. District Judge William Orrick rejected Walgreens attempt to dismiss the suit. Instead of facing a jury that would decide whether or not the former cashier was fired due to her disability, the drugstore offered settlement in the action. In addition to the reached settlement, Walgreens has agreed to train staff on accommodating employees that have disabilities.
If you or someone you know thinks they have been discriminated against due to a disability, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.