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For God’s sake, if your employee needs a drink, especially if she’s diabetic, just let her have it already.
That’s what Dollar General learned after a federal jury sided with the U.S. Equal Employment Opportunity Commission (EEOC) in a case against the retail giant.
The story goes like this. Back in September 2014, an insulin-dependent diabetic cashier in Dollar General’s Maryville, Tenn. store told her supervisor she needed to keep juice near the cash register in case of a hypoglycemic attack. According to testimony at the trial, the supervisor did not allow employees to do this, although the company has a policy that would allow it for those need.
"Later, the district manager and loss prevention manager appeared in the store to address inventory shrinkage and fired the cashier after she admitted to drinking orange juice prior to purchase."
So it wasn't a case of a know-nothing supervisor. It was middle management, who should have known better. These two should lose their jobs.
I get why they don't want store staff consuming drinks prior to purchase. It's because a staffer can always claim they were going to pay for it but just hadn't done it yet.
The diabetic cashier should have been more prepared... such as bringing her own emergency glucose in her purse. She received a ridiculous amount of money for consuming the store's product before paying for it, which boils down to her being stupid and irresponsible.
It is never proper to consume a store's product prior to paying. Well... up until now, that is.
Somewhere between childhood and now, personal responsibility flew the coop.
The diabetic cashier should have been more prepared... such as bringing her own emergency glucose in her purse. She received a ridiculous amount of money for consuming the store's product before paying for it, which boils down to her being stupid and irresponsible.
It is never proper to consume a store's product prior to paying. Well... up until now, that is.
Somewhere between childhood and now, personal responsibility flew the coop.
Absolutely. Diabetics usually carry some hard candyor other high sugar source in their purses or pockets to have handy in case of hypoglycemia. She could have an insulin reaction anywhere, anytime.
Agree Javacoffee, too. This employee should have always had her own glucose available if her sugar crashed. Her health was her responsibility not her employer's responsibility. Good grief, the legal system is screwed up.
The diabetic cashier should have been more prepared... such as bringing her own emergency glucose in her purse. She received a ridiculous amount of money for consuming the store's product before paying for it, which boils down to her being stupid and irresponsible.
It is never proper to consume a store's product prior to paying. Well... up until now, that is.
Somewhere between childhood and now, personal responsibility flew the coop.
This action was brought under the Americans with Disabilities Act (ADA). The ADA was written to require employers to make minor accommodations to employees with disabilities if that accommodation was required for the employee to be able to due the job. Let's start with the obvious: Insulin dependent diabetes is a disability. Next point: Actions by managers are legally the actions of the corporation.
This is a textbook example of a minor accommodation that was sought by the employee and refused. Dollar General apparently had a policy that allowed employees with similar medical conditions to keep a glass of orange juice or liquid near the cash register when they worked. However, the policy was not communicated effectively to the manager in this case and he declined to allow this particular employee to do so. On a certain level, I sympathize with Dollar General because they were trying to do the right thing. However, an employer is not only required to have policies, they are required by law to have effective means of communicating those policies to managers and employees to avoid similar situations.
It doesn't sound like you are a diabetic or married to one. I am. The fact that I am deeply affects me when it comes to this issue. Sometimes diabetics make mistakes like anyone else and fail to put their glucose in their purse. Sometimes they may have trouble purchasing this glucose. Sometimes they use up their supply. I can't understand what serious dilemma or consequence was imposed on Dollar General by the employee taking a $1.69 container of orange juice in this situation. Draconian rules should not be used by employers in the place of simple common sense.
The EEOC sided with the employee here which is actually fairly unusual. Usually EEOC will not take sides in a case unless they believe the matter is cut and dried.
I think we can argue over whether a $277,000 damage award is appropriate. Intelligent people can't argue that what was sought here was a "minor accommodation" within the meaning of the ADA and that Dollar General failed to communicate its own policies to staff. Some kind of message needed to be sent here. Terminating this woman over this was unconscionable and shouldn't have happened.
Last edited by markg91359; 09-25-2016 at 04:32 PM..
The writing in this article was all over the freaking place. I cant believe this is journalism these days!
But what it comes down to, I think, is the store did not follow the ADA. So good. Make a shining example out of them. If you don't follow the ADA, you will be paying out.
The writing in this article was all over the freaking place. I cant believe this is journalism these days!
But what it comes down to, I think, is the store did not follow the ADA. So good. Make a shining example out of them. If you don't follow the ADA, you will be paying out.
Unfortunately, for some business owners the only motivating factor in following the law is the threat of financial damages if they don't - which is precisely why we have the punitive damages such as in this case.
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Absolutely. Diabetics usually carry some hard candyor other high sugar source in their purses or pockets to have handy in case of hypoglycemia. She could have an insulin reaction anywhere, anytime.
