ADA Claim Against Walgreens for Anti-grazing Rule

The Equal Employment Opportunity Commission (EEOC) has convinced the U.S. District Court for the Northern District of California to allow a Americans with Disability Act (ADA) claim against Walgreens to move forward. The case surrounds the punishment of a diabetic worker who was caught “grazing”, she opened and ate a bag of chips without later paying for them. Although the chips were valued at $1.39 Walgreens says the policy is in place to reduce the $350M in annual theft losses it faces.

The court has essentially ruled that allowing the employee to steal must be accommodated because of her diabetes. What’s most worrying is the legal costs and potential penalties the pharmacy will face in defending it’s actions. The case is available here.

Employment related claims are rising in all areas of the economy, with retail and healthcare two of the hardest hit areas. Many pharmacies see themselves overlapping these two areas. Contact us today to discuss these issues with an employment practices insurance specialist.