Josefina Hernandez, an 18-year employee of Walgreens in San Francisco, has Type II Diabetes. During one of her shifts, Hernandez felt a hypoglycemic attack coming on and needed to stabilize her blood sugar immediately. That’s when she reached for and ate a $1.39 bag of chips.
When a company security officer asked her why she was taking the chips before paying she wrote back hastily, “My sugar low. Not have time.” The officer did not understand, and by his testimony, neither did he seek clarification.
Hernandez was terminated as a result, despite having no disciplinary actions against her previously and the company knowing she had diabetes.
The Equal Employment Opportunity Commission sued Walgreens on Hernandez’s behalf. Walgreens agreed to pay $180,000 for its alleged ADA violation. The company also promised to post a revised policy regarding disability accommodation and discrimination on its website.