The largest drug retailing chain in the United States, Walgreens, will have to pay $180,000 to Josefina Hernandez whom the company had fired back in 2008 for eating a $1.39 bag of chips to stabilize her blood sugar level.
Hernandez worked as a cashier at a South San Francisco Walgreens for 18 long years. She had Type II Diabetes and ate a $1.39 bag of chips without paying for them because she had to stabilize her blood sugar level as she suffered a hypoglycemic attack. She was fired from her job for eating the chips without paying for them.
The U. S. Equal Employment Opportunity Commission filed a discrimination suit against the company three years ago, claiming Walgreens knew about Josefina Hernandez's medical condition, but still fired her from her job.
"Not only was this harsh and unfair, but it was illegal," EEOC San Francisco Regional Attorney William Tamayo said in a statement.
Commission attorneys further said that Hernandez didn't have any disciplinary record at work prior to the chips incident. Also, her employer knew she suffered from diabetes. However, Walgreens denied any connection between her actions and her illness, and fired her for violating a company policy against eating food products before paying for them.
A security officer had questioned Hernandez about eating the chips before paying for them. He testified that he didn't understand or ask for clarification from Hernandez after she responded to his query by writing "My sugar low. Not have time".
Drugstore chain Walgreens has now agreed to pay $180,000 to Hernandez as Walgreens' attorney Chris Murray said in a statement that the settlement was consistent with the company's commitment to accommodate the needs of employees with illnesses or disabilities.
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