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http://abcnews.go.com/US/wireStory/diabetic-walgreens-clerk-fired-eating-chips-14483730 SAN FRANCISCO September 9, 2011 (AP) The U.S. Equal Employment Opportunity Commission is suing the Walgreens drugstore chain on behalf of a diabetic clerk in South San Francisco who was fired for taking a bag of chips to stabilize her blood sugar levels. The commission alleged in a federal lawsuit filed Thursday that Walgreens' decision to terminate Josefina Hernandez after her nearly 18 years of unblemished service to the company constituted discrimination under the Americans with Disabilities Act. According to the suit, Hernandez was working as a cashier in September 2008 when she felt an attack of h ypoglycemia coming on. She grabbed a bag of chips, gobbled them down and paid for them as soon as she could the same day. Walgreens declined to comment. EEOC attorney William Tamayo tells the San Francisco Chronicle ( http://bit.ly/qXwjdx ) that employers are required to make reasonable accommodations for disabled employees.
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Seriously? How much sugar is even in a bag of chips? There's a reason why employees are fired of this type of grazing. Because once eaten, they can just throw away the bag without paying for it if they aren't caught. It eliminates the "excuse" of being caught where they say, "Yeah.. I was going to pay for it." Yeeaaaaaahhhhh Riiiiigggghhhtttt.
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If she paid for them the same day without anyone asking her to ..... and she truly was diabetic, then she could be legitimate.
I had an employee who was diabetic, and she got wobbley on line in the restaurant and she grabbed a bun and a pop and said "I'll pay for this in a minute, but I'm diabetic and I feel like I might pass out." If she really was diabetic, and couldn't find a manager right away, it might have been immediately necessary, and that was the closest thing she could find.
I would take into account the fact that she worked there for 18 years, and was a good employee. If she could prove that she was diabetic, then I would probably accept her explanation. (especially since she paid for the chips)
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
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Quote:
If she paid for them the same day without anyone asking her to ..... and she truly was diabetic, then she could be legitimate.
I had an employee who was diabetic, and she got wobbley on line in the restaurant and she grabbed a bun and a pop and said "I'll pay for this in a minute, but I'm diabetic and I feel like I might pass out." If she really was diabetic, and couldn't find a manager right away, it might have been immediately necessary, and that was the closest thing she could find.
I would take into account the fact that she worked there for 18 years, and was a good employee. If she could prove that she was diabetic, then I would probably accept her explanation. (especially since she paid for the chips)
"paid for them as soon as she could in the same day" leads me to believe she paid for them much later in the day, most likely after she was confronted about it. If she had a condition where she might need to eat something right away, she should always be prepared with an item to eat, rather than relying on having some food readily available that might not be there when she needs it.
Maybe it's just the cynic in me, but well I see the "I was going to pay for it" as a common excuse when someone gets caught grazing.
And it shouldn't be her workplace's responsibility to provide her with the food, but only let her eat something when she needs it.
Reasonable accommodation does not equal providing free food.
Reasonable accommodation equals providing the employee an opportunity to eat something paid for.
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I bring things home from my store all the time. Often, we have already closed out the day when I remember that I was going to buy something, so I leave a note that I owe for whatever it is, but I still bring it home. Is that stealing? 
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However, if she passed out and died as the result of such a policy ... well, I don't think anyone would want that.
This was an 18 year employee with an unblemished record. No written warnings. No verbal warnings. Nothing in 18 years. IMHO, Sometimes you have to take such things into account.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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On the other hand, if she didn't pay for the item until after she had been talked to about it you have to wonder how often she's done this in the past.
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We don't know when she paid for it. And, I would imagine that she would've been busted at some point in 18 years. But, who knows, maybe she's just *that good*.
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Not to mention that every Walgreens I have ever been in has security cameras everywhere.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
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This was at Walgreens? A pharmacy? If it was a hypoglycemic emergency, there were much better options than a bag of chips. They have glucose tabs, glucagon injections, energy bars, gatorade, OJ, etc.....all of which would work better than chips.
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Quote:
We don't know when she paid for it. And, I would imagine that she would've been busted at some point in 18 years. But, who knows, maybe she's just *that good*.
Well a lot of long timers end up getting fired over stupid stuff like stealing from the store because they think they can get away with it. They think they know all the tricks in the book, whereas a new employee is not as likely, because they are still learning the ropes.
Though, we don't know when she actually purchased the item, except it was sometime during the same day. Her lawyers are most likely leaving out that it was much later in the day and after she had an inkling that someone was on to her.
But why a bag of chips? How would a bag of chips help her condition? They are not exactly high in sugar and not filled with much other nutrition. A bag of chips and helping a diabetic does not compute to me, but I am not diabetic. Can someone here shed some more light on this for me?
As for the poster leaving a note, at most of jobs I've had in retail, yes that would be considered most likely theft by most, though leaving a note before you eat it is different than just grabbing a bag and eating it. Without a note or notification, she could easily consume the entire bag, throw the bag out without paying and no one will be much the wiser. Which is the reason, most places have strict policies on this act because if you are caught eating something without paying for it, it is pretty much a sign that you were probably going to throw away the evidence without paying for it if you weren't caught.
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Quote:
As for the poster leaving a note, at most of jobs I've had in retail, yes that would be considered most likely theft by most
I was the poster, and yes, I agree...it's stealing. However, my intentions are good by leaving the I.O.U. It also helps that I own the store, but that's really beside the point because if I really was stealing, it wouldn't be just from myself, it would be from another person as well.
As far as the chip eater...no clue how chips help given her issue. I would imagine that it would give you a slow rise in blood sugar as opposed to a quick leap (candy, maybe). I would think a sugary breath mint might have been better for her.
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Quote:
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As for the poster leaving a note, at most of jobs I've had in retail, yes that would be considered most likely theft by most
I was the poster, and yes, I agree...it's stealing. However, my intentions are good by leaving the I.O.U. It also helps that I own the store, but that's really beside the point because if I really was stealing, it wouldn't be just from myself, it would be from another person as well.
As far as the chip eater...no clue how chips help given her issue. I would imagine that it would give you a slow rise in blood sugar as opposed to a quick leap (candy, maybe). I would think a sugary breath mint might have been better for her.
It's also a difference of working in a small business compared to a larger corporation store. Small businesses tend to be more lenient and can actually relate more to their employees because they have the time to build a closer relationship to them. A larger corporation tends to have more strict policies because they need to apply them to a larger set of stores which if every store had an issue, it's easier to hide and makes losses more. But some individual managers may look the other way, if some sort of note is left behind, whereas just taking the item and eating it without notice will not be looked at in a kind way. It all depends on the level of trust that the "owners" have with their employees. Small businesses lend themselves to be more trustful of their employees because they can build a closer relationship, whereas in a larger corporation you may have multiple supervisors who report to even more supervisors who also report to other supervisors where trust is harder to be given.
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Quote:
Seriously? How much sugar is even in a bag of chips? There's a reason why employees are fired of this type of grazing. Because once eaten, they can just throw away the bag without paying for it if they aren't caught. It eliminates the "excuse" of being caught where they say, "Yeah.. I was going to pay for it." Yeeaaaaaahhhhh Riiiiigggghhhtttt.
Yeah,, that's right. I found out I was diabetic a few months back.. was in a store in Aurora here a few days later. This was before I got things under control. I started fading fast and believe me, when it hits you, you feel it and you really start to lose stability.. hard to focus, can't see well, walking is a real chore. it's hard to talk, all you can really do is mumble.
If it wasn't for the kindness of those working at the store who got me something to eat quickly, I'm not sure what would have happened.
This is serious business man.. very serious. After you begin to recover, it takes you a little while to focus again. it's not instantanious.
So yeah, if she felt her blood dropping, of course she would grab whatever she could to stablize herself.
As for paying for it later,,, I guess you haven't ever worked in a retail environment. Most retailers don't allow employees to carry money or purses around the store while working.
Mostly those things are kept in a room in the back of the store.
this really is nothing more than a store manager over reacting and making a very bad choice. Dumber than a box of rocks.
As for you TuX, For cryin out loud,, have a freakin heart. This is really a very serious situation.
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This was at Walgreens? A pharmacy? If it was a hypoglycemic emergency, there were much better options than a bag of chips. They have glucose tabs, glucagon injections, energy bars, gatorade, OJ, etc.....all of which would work better than chips.
I don't know if you are diabetic or not Jfan,.,, But when this hits you, you don't think clearly..
Nothing like knocking a person when you haven't walked a mile in thier shoes. 
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Seriously? How much sugar is even in a bag of chips? There's a reason why employees are fired of this type of grazing. Because once eaten, they can just throw away the bag without paying for it if they aren't caught. It eliminates the "excuse" of being caught where they say, "Yeah.. I was going to pay for it." Yeeaaaaaahhhhh Riiiiigggghhhtttt.
It's not really sugar with diabetics, it's the carbs. They convert to sugar. Diabetics need to watch their carbs.
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If you fired everyone for every little thing, you would have nobody working for you. I run a business, and if this happened, it would be no big deal considering the circumstances. If I did fire someone over this, whom gave me 18 years of hard work, I would lose all respect with the other workers, if not get fired myself.
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However, if she passed out and died as the result of such a policy ... well, I don't think anyone would want that.
This was an 18 year employee with an unblemished record. No written warnings. No verbal warnings. Nothing in 18 years. IMHO, Sometimes you have to take such things into account.
I do agree but I find it really strange she grabbed chips... I know a lot of diabetics and can't imagine anyone grabbing chips for hypoglycemia especially when there are s many better options to quickly get sugar into your system. But if she Paid for them that day and has no other blemishes I think that has to be taken into account
<><
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Chips may have been the first thing she saw...I don't know, but I'm guessing if you're going down quickly you don't have much time to be choosy. Also, chips DO convert to glucose. They actually rate a 75 on the glycemic index. Any food rated over 70 is considered "high" in its affect on blood sugar levels. The glycemic index (or GI) ranks carbohydrates according to their effect on our blood glucose levels
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If she was in an area where chips were what was within reach, and she feared that she was going to pass out, then it is perfectly reasonable.
My aunt used to get to a point, rather rapidly, where she became almost incoherent and would have no idea what she was doing. My uncle would literally have to force OJ or other such sugary food down her throat. If the woman felt herself heading for such an attack, and chips were the only thing within reach, then I could definitely see it as a reasonable thing to do.
She should have immediately explained what happened to a manager, and I have no idea how she handled that. She did pay for the chips, so I doubt that she had bad intentions. Perhaps she didn't say anything to a manager because she feared that she would lose her job if she did .... so she just quietly paid for the chips.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Looks like a lot of people on here speaking from ignorance. That's a shock.  Regardless, if this was a first offense after many years on the job, firing this person is just ridiculous.
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She works there for 18 years with apparently an unblemished record of service. Everyone there would more than likely know of her condition, there's just not that many people working at any one Walgreens and you would certainly have to believe the pharmacy people were aware.
She has some kind of reaction to her condition that causes her to grab a quick bag of chips, eat them and pay for them later. They fire her.
Three years after the fact, she sues.
I can't get past the idea that Walgreens, a large company with an assumed knowledgeable HR department, would have first just written her up for this minor transgression of policy before kicking an 18 vet to the curb. There has to be more to this story.
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That's what I was thunking ! Maybe more to it ..
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Quote:
Looks like a lot of people on here speaking from ignorance.
That's a shock.
Regardless, if this was a first offense after many years on the job, firing this person is just ridiculous.
I am leery of articles that are so slanted in one direction.
I guarantee there is way more to this story that we're not hearing.
And I suspect that if we knew all the facts Tux is probably the closest to being right.
LOL - The Rish will be upset with this news as well. KS just doesn't prioritize winning...
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Actually .... knowing the incompetence of many in managerial positions in retail, it wouldn't surprise me if there isn't.
People management is something that every company teaches, yet is still sorely lacking.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Quote:
Quote:
Looks like a lot of people on here speaking from ignorance.
That's a shock.
Regardless, if this was a first offense after many years on the job, firing this person is just ridiculous.
I am leery of articles that are so slanted in one direction.
I guarantee there is way more to this story that we're not hearing.
And I suspect that if we knew all the facts Tux is probably the closest to being right.
There very well may be, but since it's not discussed, I'm not going to over think it. Based on that side of the story, the store management was way out of line firing her..
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Quote:
Regardless, if this was a first offense after many years on the job, firing this person is just ridiculous.
Agreed 110 percent.
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I'm not a diabetic but I am a nurse. One day while on the job I had a hypoglycemic episode. I had worked about 5 hours of my shift without breakfast or lunch (most nurses are lucky to get a break) when I found myself feeling faint. I ended up on my knees in the hallway when my manager came by. She recognized something was wrong but I was so out of it I could hardly talk. Thankfully, being surrounded by other nurses, they knew what was happening and reacted quickly. My blood sugar had dropped to 43. DANGEROUSLY low. I remember my co workers forcing me to eat crackers and OJ. By the time I 'came to' I was a wreck. I had to be sent home as I was too messed up to complete my shift.
This type of event can be extremely dangerous and speaking from experience it takes time to recover from. I essentially slept the rest of the day away.
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Quote:
Actually .... knowing the incompetence of many in managerial positions in retail, it wouldn't surprise me if there isn't.
People management is something that every company teaches, yet is still sorely lacking.
A lot of them don't have any common sense. A past boss told me one time, everything isn't black and white, which is so true. You don't fire an employee who gave you 18 yrs of service, over a 1 dollar bag of chips. About the stupidest thing I've ever heard.
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Quote:
I'm not a diabetic but I am a nurse. One day while on the job I had a hypoglycemic episode. I had worked about 5 hours of my shift without breakfast or lunch (most nurses are lucky to get a break) when I found myself feeling faint. I ended up on my knees in the hallway when my manager came by. She recognized something was wrong but I was so out of it I could hardly talk. Thankfully, being surrounded by other nurses, they knew what was happening and reacted quickly. My blood sugar had dropped to 43. DANGEROUSLY low. I remember my co workers forcing me to eat crackers and OJ. By the time I 'came to' I was a wreck. I had to be sent home as I was too messed up to complete my shift.
This type of event can be extremely dangerous and speaking from experience it takes time to recover from. I essentially slept the rest of the day away.
This from a health care professional.. yet we have people on here that are so freakin ready to condemn others about things they have absolutly no knowledge of..
thanks Portland 
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Didn't realize they rate so high... like I said I'm more on her side than Walgreens.. I just would have thought a candy bar, juice or soda would have been more logical choices than Chips, but like you said they could ahve been the first thing she saw...
<><
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Being someone who's been around diabetic having my father DIE of conditions due to diabetes and been a manager and GM of restaurants I will chime in.
when someone is having a reaction the FIRST reaction is EAT something FAST... the second is usually a seize. she was a clerk at the time she could not think hey let me walk to the back end of the store and find the best glucose tablets for my condition. Secondly even IF she did not pay for it having an 18 year employee with a perfect record I'd rather her "steal" chips then go into a seizure in front of customers. LASTLY when people are coming out of a reaction the first thought isn't oh I grabbed chips let me pay for those.. its usually confusion like what happened where am I untill they get their bearing back.
I worked as an shift manager at Rally's and one night they PUNKED this guy by putting a cup of sugar in his tea..... with minutes he had a reaction and went into a seizure.. 3 kids lost their job that night.
before being judgmental on someone being a thief know all the FACTS first
IF this is the facts that happened she's going to be RICH!!!!
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I agree I think we need to know all the facts first.
If it played out exactly as you describe, I would 100% side with the worker.
And to ytowns point, incompetence is rampant in this country. I get it. I deal with it everyday.
But this article as written is an example of blatant stupidity. And because of that I think there's more to the story that we are not hearing.
And Daman, I usually make a habit of not justifying anything you post with a reply, but this has to be said. LEARN to read. No one is condemning anybody, but some people believe there might be two sides to the story. I'm not sure you'll understand such a simple concept.
LOL - The Rish will be upset with this news as well. KS just doesn't prioritize winning...
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Quote:
I agree I think we need to know all the facts first.
If it played out exactly as you describe, I would 100% side with the worker.
And to ytowns point, incompetence is rampant in this country. I get it. I deal with it everyday.
But this article as written is an example of blatant stupidity. And because of that I think there's more to the story that we are not hearing.
And Daman, I usually make a habit of not justifying anything you post with a reply, but this has to be said. LEARN to read. No one is condemning anybody, but some people believe there might be two sides to the story. I'm not sure you'll understand such a simple concept.
And rish,, I don't think you have much of a clue about Diabeties.. At least you aren't acting like it..
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And because of that I think there's more to the story that we are not hearing.
There has to be. Nobody would be fired over this...
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As a paramedic i can say that people are out of it when faced with hypoglycemia. Normal blood sugar is between 80-100. When it gets below 40 we would give someone oral glucose, or D50 thru an IV.
I have seen people be totally out of it, and after we give them some sugar, they want to sign a waiver and go home, because they feel fine.
The problem with high amounts of sugar is that it can cause blindness over the long term.
I have seen a person ask for their sugar to be checked, then they asked for chips, not candy because of this fear. They ate the chips a few at a time, and tried to bring there sugar just up to normal levels as apposed to it spiking way up higher than normal.
There may be two sides to this but i would err towards caution, because people get way goofy when their sugar is messed up. We had a guy driving the wrong way down the highway one time....gave him some sugar and he was fine. Had no clue what he was doing.
Problem with this is what it looked like. Stealing. Some simpathy should have been in order if this is all there was to it.
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Thanks for the info. Makes sense about raising glucose levels slowly. I really hope, if the woman got fired for this (and there isn't more to the story) Walgreen's gets their asses handed to them.
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Quote:
Thanks for the info. Makes sense about raising glucose levels slowly. I really hope, if the woman got fired for this (and there isn't more to the story) Walgreen's gets their asses handed to them.
Even if that is all she got fired for, and Walgreen's would win in court, IMO (Though it'll probably just be settled out of court).
Don't get me wrong, I think it's incredibly stupid that she got fired for this, but technically what TUX said is right.
Reasonable accomodation would be allowing her to have food on her.
Reasonable accomodation would NOT be allowing her to just eat whatever product she grabs off the shelf.
But, I do agree it's stupid to fire someone over that.
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Quote:
Reasonable accomodation would NOT be allowing her to just eat whatever product she grabs off the shelf.
I still think in a potential life threatening emergency situation eating chips off the shelf is fine. Makes no sense why anyone would risk a career of 18 years over potato chips. Perhaps she forgot her glucose tabs or whatever. Perhaps she had never had such a reaction. Who knows.
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More Details on this issue http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/08/BU3L1L21E2.DTL#ixzz1XUQNI04T Quote:
Walgreens sued over firing diabetic who took chips
Bob Egelko, Chronicle Staff Writer
Friday, September 9, 2011
When Josefina Hernandez, a longtime Walgreens employee with diabetes, felt an attack of hypoglycemia coming on in September 2008, she grabbed a $1.39 bag of chips and ate them to boost her blood sugar, she said.
Hernandez said she paid for the chips as soon as she could leave her cashier's post at the South San Francisco drugstore. She said she tried to explain her actions to Walgreens, but the company fired her.
"They said they had a zero-tolerance policy," said David Offen-Brown, an attorney with the U.S. Equal Employment Opportunity Commission, which filed a federal court suit Thursday accusing the Illinois retailer of discriminating against a disabled employee.
Hernandez had worked nearly 18 years for Walgreens with no disciplinary record, the EEOC said. She told the agency she usually carried some candy in her pocket in case her blood sugar dropped, but hadn't brought any along that day.
"I knew I needed to do something quickly, so I reached for a bag of chips and paid for them as soon as I could," she said in a statement released by the agency. "I am very upset to lose my job over this."
William Tamayo, the EEOC's regional attorney in San Francisco, said federal law requires employers to make reasonable accommodations for employees with disabilities such as diabetes.
"Accommodating disability does not have to be expensive, but it may require an employer to be flexible and open-minded," he said. "One wonders whether a long-term, experienced employee is worth less than a bag of chips to Walgreens."
The suit seeks back pay and other damages for Hernandez. Walgreens declined to comment.
E-mail Bob Egelko at begelko@sfchronicle.com.
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/09/BU3L1L21E2.DTL
This article appeared on page D - 5 of the San Francisco Chronicle
Couple of points, this happened 3 years ago. It's apparently taken this long for the EEOC to file suit against walgreens.
Several things struck me:
1. She paid for the chips as quickly as she could leave her post.
2. Walgreens has a Zero Tolerance policy, apparently even for employees in physical distress.
3. She spent 18 years there with no disiplenary issues.
I think this further information, while still only the employees side, sheds a bit more light on the situation. While this is the employees side, you see the EEOC willing to file suit on her behalf.
From my limited experience, the EEOC doesn't take that action without a pretty long investigation..
Obviously, the EEOC saw enough cause to go forward.
18 years of what appears to be good employment ends because she took a $1.39 bag of chips and then paid for it when she could.
I can't speak for anyone else, but if I were the manager of that store, I'd be WAY more worried about my employee than a lousy bag of chips.
I'm sticking with my original assesment.. the walgreens manager was an idiot.. I think that person just cost walgreens millions..
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Forums DawgTalk Tailgate Forum Diabetic sues Walgreens for firing
her over a "stolen" bag of chips
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