An El Paso barista, Elsa Sallard, whose stature is small due to dwarfism (and was dubbed "dwarf barista"), made big news a few months when the EEOC took her case to the U.S. District Court for the Western District of Texas.
Well, there is good news for the dwarf barista from El Paso, reports the EEOC website. Starbucks agreed to pay $75,000 to settle the lawsuit. Starbucks will also provide training to all of its managers regarding how to deal with people with disabilities.
The EEOC had originally taken Elsa Sallard’s case and filed it under the authority of the Americans with Disabilities ACt (ADA) which prohibits employers from discriminating against qualified individuals with disabilities. The ADA further requires employers to make reasonable accomodations to employees as well as applicants as long as it would not pose an undue burden to the business.
The ADA, which is a federal act listed under 42 USC 1201, has a complementary Texas version, called the Texas Human Rights Commission Act. Under both of these laws, people with a disability are considered protected. A person with disability is anyone that:
- Has a physical or mental impairment that substantially limits a major life activity; or
- Has a record of having such a physical or mental impairment; or
- Is regarded as having such an impairment.
Obviously, Starbucks didn’t want to try and argue over whether or not the barista with dwarfism had a disability. Besides, all she had asked for was a stool to stand on to make her job a little easier.
Related Resources:
- Find a Houston Employment Law attorney (FindLaw)
- Texas Woman Allegedly Beaten Up By Husband, Then Fired From Job (FindLaw’s Houston Employment Law Blog)
- What Situations Does the Americans with Disabilities Act Cover? (FindLaw)
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