Barista with dwarfism settles lawsuit with Starbucks - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Barista with dwarfism settles lawsuit with Starbucks

Released by U.S. Equal Employment Commission:

EL PASO, Texas — Starbucks Coffee Company has agreed to pay $75,000 and provide other significant relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.  The EEOC had charged Starbucks Coffee Company with unlawfully denying a reasonable accommodation to a barista with dwarfism at one of its El Paso stores and firing her because of her disability.

 

According to the EEOC's suit, Elsa Sallard, whose stature is small due to dwarfism, was denied an opportunity to work for the world's largest coffeehouse chain.  The job description for the barista position stated that no prior experience was required.  During the orientation training, Sallard suggested that she could use a stool or small stepladder to more easily perform some of the tasks of preparing orders and serving customers.  The manager at the El Paso Starbucks location disregarded Sallard's request, the EEOC said.  On the same day that Sallard requested the accommodation, Starbucks terminated her employment, claiming that she would pose a "danger" to customers and employees. 

 

Such conduct violates Title I of the Americans With Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities in hiring, firing, job application procedures, advancement, compensation, job training and other terms and conditions of employment.   The ADA requires employers to make reasonable accommodations to employees' and applicants' disabilities as long as it would not pose an undue hardship to the business.  The EEOC filed suit (Case No. 3:11-cv-00195) in U.S. District Court for the Western District of Texas after first attempting to reach a pre-litigation settlement through its conciliation process.

 

"Starbucks swift action to work constructively with the EEOC in this case, not only by compensating the applicant who was turned away, but by committing to additional training for other stores in the El Paso area, sends the right signal from the corporate office," said Robert A. Canino, regional attorney for the EEOC's Dallas District Office.  "The Starbucks customer environment is one that is often considered comfortable and progressive.  By fostering that same environment for people behind the counter, Starbucks reinforces a positive public image."   

 

            Under the terms of the two-year consent decree settling the case, Starbucks will pay $75,000 in relief to compensate Sallard.  In addition, Starbucks has agreed to provide training on the ADA for all managers and supervisory employees at all of Starbucks' El Paso locations.  The ADA training will

specifically focus on the reasonable accommodation of individuals with disabilities.  Sample scenarios used in the training will include a discussion of the reasonable accommodation of applicants and employees who are small in stature as a result of medical conditions or disabilities such as dwarfism.  The training will also include a specific discussion or instruction relating to definitions of disability under the ADA, as amended by the ADA Amendments Act, and the interactive reasonable accom­modation process.

 

EEOC Trial Attorney Joel Clark added, "The ADA prohibits managers from ignoring reasonable accommodation requests made by qualified persons with disabilities.  In-house education can be effective toward eliminating assumptions and promoting an interactive process for a more inclusive work force."   

 

            The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

  • NewsMore>>

  • Day 3 of Troup Murder Trial: Scales takes the stand

    Day 3 of Troup Murder Trial: Scales takes the stand

    Thursday, July 20 2017 10:01 PM EDT2017-07-21 02:01:06 GMT
    The defendant, Joshua Scales, takes the stand to testify today in the Smith County Courthouse.The defendant, Joshua Scales, takes the stand to testify today in the Smith County Courthouse.

    On Thursday, Joshua Scales, an East Texas man charged with murder, took the stand to testify on day three of the trial. Joshua Scales is on trial for the summer 2016 murder of Jordan Ladue in Troup. 

    More >>

    On Thursday, Joshua Scales, an East Texas man charged with murder, took the stand to testify on day three of the trial. Joshua Scales is on trial for the summer 2016 murder of Jordan Ladue in Troup. 

    More >>
  • SFA picked sixth in preseason poll; Jacks take part in SLC Media Day

    SFA picked sixth in preseason poll; Jacks take part in SLC Media Day

    Thursday, July 20 2017 8:25 PM EDT2017-07-21 00:25:09 GMT
    SFA football picked ot finish sixth in the SLC.SFA football picked ot finish sixth in the SLC.

    With the beginning of Stephen F. Austin's 91st season of football rapidly approaching, head coach Clint Conque, junior defensive lineman Lamont Alexander and sophomore wide receiver Tamrick Pace completed the first official football event of the year by taking part in the 2017 Southland Conference Football Media Day at Hilton Americas in Houston.  After learning they were picked to finish sixth in the 2017 Southland Conference preseason poll...

    More >>

    With the beginning of Stephen F. Austin's 91st season of football rapidly approaching, head coach Clint Conque, junior defensive lineman Lamont Alexander and sophomore wide receiver Tamrick Pace completed the first official football event of the year by taking part in the 2017 Southland Conference Football Media Day at Hilton Americas in Houston.  After learning they were picked to finish sixth in the 2017 Southland Conference preseason poll...

    More >>
  • Prayers asked for severely injured Lone Star firefighter

    Prayers asked for severely injured Lone Star firefighter

    Thursday, July 20 2017 8:21 PM EDT2017-07-21 00:21:22 GMT
    (Source: Linda Shirley Campbell)(Source: Linda Shirley Campbell)

    An East Texas community is coming together after a volunteer firefighter was severely injured.  

    More >>

    An East Texas community is coming together after a volunteer firefighter was severely injured. 

    More >>
Powered by Frankly