Disability News: Starbucks Sued by EEOC

A Starbucks location in El Paso, Texas, gained less-than-favorable attention this week as the Equal Employment Opportunity Commission, or EEOC, sued the company for discriminatory hiring practices.  The news comes as a shock to customers, many of whom regard the trendy coffee chain as forward-thinking and socially responsible.  The incident illustrates firsthand that discriminatory practices are still very much a part of the modern American workplace.  Moreover, this lawsuit serves as a wake up call to businesses nationwide:  The ideals of a business or brand—respect and responsibility in the case of Starbucks—exist only so long as they are actively reinforced among all levels of employees.

The incident occurred in July of 2009.  Nearly 3 years ago, Elisa Sallard applied for a position at a local Starbucks.  The job listing was for the position of Barista, the individual responsible for greeting Starbucks customers, taking orders, answering questions, preparing coffee or food orders, and conducting other basic cleaning duties.  The listing made no explicit requirements that past experience be necessary; rather, new hires were to be trained to perform all required duties, as is common to other franchise locations.

Elisa was hired by the coffee shop, and soon thereafter she requested a footstool to better help her perform her duties.  It was at this moment that Elisa’s physical condition, dwarfism, seemed to be an issue.  Starbucks promptly dismissed Elisa’s request, relieving her of her position later that day.  The EEOC has taken legal action accordingly, as Starbucks directly violated the Americans with Disabilities Act in refusing to make a reasonable accommodation to better assist Elisa in performing her duties.

Disability Awareness:  Training Managers to Make Accommodations

In light of the now-pending lawsuit faced by Starbucks, business owners are smart to reassess their position on disability training in the workplace.  Training spreads disability awareness, helps to create best practices that comply with Federal disability laws, and insulates organizations from costly disability-related issues.

First, managers and other workplace decision-makers must be aware of what, exactly, constitutes a ‘disability’ under the ADA.  According to the Act, an individual must exhibit each of the following characteristics:

1. A mental or physical impairment,
2. That is substantially limiting, and
3. It is limiting in regard to one or more major life activities.

Should an employee exhibit these three characteristics, they are to be considered as having a ‘disability’ and are thus protected by the ADA.  One of the most important protective clauses of the ADA is Title I, a provision requiring employers to provide ‘reasonable accommodation’ to employees with disabilities.

Disabilities in the Workplace: Providing Accommodation Through an Interactive Process

The Training Diversity Blog provides a fantastic guide to workplace accommodation under the ADA.  It may be summarized as follows:

Request for an accommodation must be made through an interactive process.

The interactive process begins when the employee, in plain English, expresses their desire for an accommodation that will enable them to perform their job tasks.

The burden is on the employer, or the employer’s agents (on-site management), to remain attentive to an employee’s request for an accommodation.

Employer is entitled to review the request, and he or she may deny the accommodation request so long as it imposes undue hardship.

The interactive process is critical in remaining both attentive to employees as well as compliant under the ADA.  Disability training programs, particularly those conducted internally, are fundamental in relaying knowledge of the ADA and its requirements to managers and employees alike.  Businesses large and small may benefit from training seminars with disability videos, guest speakers, and interactive tools.  Even those businesses with brands built upon principles of responsible, fair trade coffee procurement are poised to fall from the ignorant actions of a select few.