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Old 05-16-2011, 08:10 PM
 
Location: Tennessee/Michigan
27,404 posts, read 43,764,742 times
Reputation: 18479

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EL PASO, TX -- The Equal Employment Opportunity Commission is suing Starbucks for firing a dwarf who asked for a stool to perform her job as a barista at an El Paso shop.

The EEOC said in a statement released after the federal lawsuit was filed Monday in El Paso that Elsa Sallard was terminated after three days of training because Starbucks deemed she would pose a danger to customers and coworkers.

Starbucks gets federal lawsuit for firing a dwarf | abc13.com (http://abclocal.go.com/ktrk/story?section=news/state&id=8133077 - broken link)
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Old 05-17-2011, 01:08 PM
 
18,856 posts, read 27,963,434 times
Reputation: 25730
Great, yet another reason not to even hire people with disabilities. This should have been worked out prior to hiring...now they are major losers on this one.
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Old 05-17-2011, 03:15 PM
 
Location: Houston, Texas
10,425 posts, read 41,441,396 times
Reputation: 10250
Dwarf? I thought that was a politically INCORRECT word these days and grounds for a lawsuit in itself. What happened to "little people"? Who cares. I'm rooting for Startrucks in this instance. The height challenged person applied for the wrong job in the hope this would happen. Easy money from a heavy pocket company who will just pay this person off a few cool mill just to shut him/her up and avoid court.
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Old 05-17-2011, 03:17 PM
 
3,647 posts, read 8,691,807 times
Reputation: 5374
In every job application or hiring paperwork, there is a section asking what accomodations you would need for a disability, if you were hired. If she failed to list "stepstool", and they hired her believing she did not need special accomodations, then this lawsuit will fail. As it should.

But if she told them upfront she would need a stool to reach the counters (or it was obvious that she would be unable to perform the necessary tasks without accomodations) then the suit will fail. Chances are, she's looking for a settlement. She'll probably get one, unfortunately.

Another poster previously stated that these ridiculous and litigous lawsuits will stop only when there is a significant penalty (related to the amount of the judgement sought sounds equitable to me) applied to any suit that is found to be ridiculous.
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Old 05-17-2011, 03:26 PM
 
398 posts, read 1,117,872 times
Reputation: 418
YESSSSS.... Sue them bastiches for your pot of gold!!!!!
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Old 05-17-2011, 03:29 PM
 
8,268 posts, read 9,650,027 times
Reputation: 4733
I've got no problem not hiring people with disabilities if it impacts their ability to reasonably perform the job, which might be something they discovered in training. Maybe they should be applauded for giving her a try to see if it could work out, conversely if they just let her go because of her appearance then maybe a reasonable complaint.
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Old 05-17-2011, 04:27 PM
 
24,511 posts, read 31,343,880 times
Reputation: 12718
I'm with slackjaw on this one.
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Old 05-17-2011, 05:15 PM
 
Location: SE Michigan
6,191 posts, read 13,529,133 times
Reputation: 10168
The EEOC believes Starbucks violated the Americans With Disabilities Act by refusing to provide the stool or a small stepladder as reasonable accommodation to Sallard and then firing her.

I don't think there's enough information in that article to really have an opinion.

My first thought is that being a barista isn't a static job, Starbucks servers are moving around constantly....deli/bakery case, register, coffee making equipment, drive-through window...if the woman was so short that she would need a stool or stepladder to reach everything, she'd have to be lugging the stool around constantly and climbing up and down. Which I think would be quite disruptive and probably not very safe especially when they are really busy; there's not a whole lot of space behind those counters. I don't see how that would be a "reasonable accomodation."
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Old 05-17-2011, 05:19 PM
Status: "The forums have gotten boring." (set 22 days ago)
 
Location: The REAL WORLD.
20,936 posts, read 5,237,976 times
Reputation: 9375
I agree with the posters about being hired for the wrong job. It seems that there isn't much merit to this lawsuit.
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Old 05-17-2011, 10:31 PM
 
15,878 posts, read 17,400,164 times
Reputation: 30349
Quote:
Originally Posted by chiroptera View Post
The EEOC believes Starbucks violated the Americans With Disabilities Act by refusing to provide the stool or a small stepladder as reasonable accommodation to Sallard and then firing her.

I don't think there's enough information in that article to really have an opinion.

My first thought is that being a barista isn't a static job, Starbucks servers are moving around constantly....deli/bakery case, register, coffee making equipment, drive-through window...if the woman was so short that she would need a stool or stepladder to reach everything, she'd have to be lugging the stool around constantly and climbing up and down. Which I think would be quite disruptive and probably not very safe especially when they are really busy; there's not a whole lot of space behind those counters. I don't see how that would be a "reasonable accomodation."
I agree. Also maybe hitting coworkers with the stool, or them tripping over her or the stool.

You're right, it is a fast paced environment and there isn't much room. Who wants to add to it by having to look down or worry about getting hit with a stool or falling over it.

Add in hot liquids, not a good idea.
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