A dwarf (some prefer the term "little person") who was hired in July 2009 to work as a barista at a Starbucks location in El Paso, was fired after just three days of training when she asked for a stool or small stepladder so that she would be able to perform her job duties. According to Reuters, the U.S. Equal Employment Opportunity Commission claims that Starbucks violated federal laws by denying a reasonable accommodation to the employee.
Supervisors apparently told the employee that she was fired because she could be a possible danger to customers and other Starbucks workers. But with EEOC, the former dwarf barista is now filing a lawsuit against Starbucks, alleging violations of the Americans with Disabilities Act (ADA).
Associated Press reports that EEOC is seeking lost wages and compensatory damages for former Starbucks employee Elsa Sallard. Through the lawsuit, the agency is also asking Starbucks to adopt new policies and to take steps to prevent future disability discrimination.
Title I of ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity in employment. This federal law also requires employers to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual.
FindLaw states that if a person believes that they have been discriminated against because of a disability in the state of Texas, they can file a complaint with a local EEOC field office. ADA complaints must be filed with EEOC within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated state or local fair employment practice agency.
Related Resources:
- Find a Houston Employment Lawyer (FindLaw)
- New ADA Regulations to Take Effect on May 24 (Houston Employment Law Blog)
- Employers: Disability Discrimination (FindLaw)
- Dwarfism (KidsHealth.org)
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