Sep 12, 2011 2:07pm

Walgreens Sued for Firing Hungry Diabetic

gty walgreens jef 110912 wblog Walgreens Sued for Firing Hungry Diabetic

Walgreens has been sued over firing a diabetic who took chips. (Joe Raedle/Getty Images)

The sacking of a Walgreens cashier who ate a $1.39 bag of chips during a diabetic attack in 2008 and paid for them later has drawn a lawsuit from the U.S. Equal Employment Opportunity Commission.

Josefina Hernandez of San Francisco had a clean record in nearly 18 years of service to the drugstore giant. Her supervisors knew she had diabetes, a disease that calls for careful monitoring and regulation of blood sugar levels.

“I almost always carry a piece of candy in my pocket for situations when I feel my blood sugar getting low, but I didn’t have anything on me this time,” Hernandez said in a statement on the EEOC website. “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. I worked for Walgreens with no problems almost two decades, so I am very upset to lose my job over this.”

The lawsuit claims Walgreens violated the Americans With Disabilities Act, which requires employers to make reasonable accommodations to employees with disabilities.

“Ms. Hernandez took action to raise her blood sugar in what could have turned into an emergency situation,” EEOC regional attorney William R. Tamayo said in a statement. “Accommodating disability does not have to be expensive, but it may require an employer to be flexible and open-minded. One wonders whether a long-term, experienced employee is worth less than a bag of chips to Walgreens.”

The lawsuit seeks back pay, compensation for emotional distress and measures to prevent future discrimination. A spokesman for Walgreens declined to comment on the pending case.

User Comments

this seems silly to me. number one, the person should not have been fired. it’s not as if she stole the bag of chips. she did pay for them. i mean, this was not so serious that she needed to be fired

Posted by: laci | September 12, 2011 September 12, 2011, 3:01 pm

There is nothing worse than to feel your sugar bottoming out. I have had this happen in the middle of a store and I grab a mountain dew and start drinking it, then pay for it. You don’t always have the time to pay first then eat or drink…

Posted by: Mary | September 12, 2011 September 12, 2011, 3:13 pm

It may be that the employee may have personality issues so the supervisor was trying to nitpick and trying to find anything that would get the employee fired. Which is common in a non-union workplace.

Posted by: Charity | September 12, 2011 September 12, 2011, 3:13 pm

This is the way corporate America has gone. Yes, in their world, a bag of chips IS more valuable than a long term employee. Long term employees cost more money than a brand new, minimum wage employee.

Posted by: Duncan | September 12, 2011 September 12, 2011, 3:14 pm

This is the way corporate America is going. In their world, a bag of chips IS more valuable than a long term employee, especially when they can replace the higher paid person with a minimum wage drone.

Posted by: Duncan | September 12, 2011 September 12, 2011, 3:15 pm

What a bunch of hypocrites! It’s funny they hire a diabetic and then fire her over her condition. I’m just wondering if they used this employee in any fashion in any type of advertising or reports to whatever government agency to show how they have diversity in the work place. And how many of millions of dollars does Walgreen’s make every year on the selling of diabetic supplies and prescriptions??? And they can’t kick down in an emergency situation? This is the worst $1.39 business decision they every made. For starters the attorney’s who just read the suit is going to cost them lots more than a $1.39. They will lose lots more on some of the 20 million diabetics in this country who decide to switch to a competitor over this article.

Now on a side note to ABC, get your headline straight, she wasn’t hungry she was attempting to raise her blood glucose level. While eating chips may have not been the best choice to raise blood glucose in a person, there is a difference between low glucose and being hungry.

Posted by: CB | September 12, 2011 September 12, 2011, 3:28 pm

Gotta say I can’t stand it when poeple sue over silly things, BUT!!!! I am so glad this woman did sue! Walgreens is known to be a horrible employer in TN.

Posted by: TN | September 12, 2011 September 12, 2011, 3:33 pm

My husband is a Type I diabetic, and I’ll tell you that a bag of chips won’t raise your blood sugar quickly. Only candy, juice, or something very sweet will. This cashier obviously just wanted a bag of chips, and it really didn’t have anything to do with her blood sugar. That being said, she DID pay for them later, and she’s been an employee for many years. So, my guess is that Walgreen’s used this incident to get rid of an employee that they didn’t care for, for whatever reason.

Posted by: Julie | September 12, 2011 September 12, 2011, 3:37 pm

I’m a type 2 diabetic too. The frightening feeling of a low blood sugar incident is quite familiar to me. But I also know there are better choices of what to eat in those times than a bag of potato chips. It takes too long to consume enough potato chips and then wait for the glycemic response. What works much faster is a half of a can of sugary soda or a couple of hard candies or lifesavers (all of which are available near the checkstands at Walgreens). Chocolate is not so much recommended either because the fat in the chocolate slows down the glycemic response. It will raise your blood sugar, but not as fast and when your sugar is low you need it fast. An

Posted by: Sharon | September 12, 2011 September 12, 2011, 3:44 pm

It’s up to Walgreen’s, not the EEOC to determine how much the employee is “worth”. There’s obviously more at work here than a bag of chips, and “Oh, uhh, I’m diabetic!” is a pretty flimsy excuse.

Posted by: JoeJoe | September 12, 2011 September 12, 2011, 4:03 pm

@ joe joe, if she had made a better choice of what to eat, being diabetic wouldn’t have been a flimsy excuse at all and while I’m not sure exactly how the “Americans With Disabilities Act” reads, I do believe it would cover her situation and I do believe she would prevail. But I also believe her choice of potato chips made her lose a lot of credability.

Posted by: Sharon | September 12, 2011 September 12, 2011, 4:19 pm

i will never shop there any more and should evry body else who read this news. Shame on them.

Posted by: joe | September 12, 2011 September 12, 2011, 4:22 pm

This really changes my opinion of Walgreens. I thought they were a decent company, and we spend hundreds of dollars there every year. Never again. They need to be nationally boycotted! This along with the Good Morning America story today about the Pharmacist who was fired for carrying and discharging a gun at 2 armed robbers? In this economy they should not be firing people left and right that have been great employees but it seems to be a company-wide policy. If you can find any reason to fire them, do it! I am moving my prescriptions elsewhere!

Posted by: Cherry | September 12, 2011 September 12, 2011, 4:23 pm

Cherry, the guy who fired his weapon should be fired. First, anywhere you work and handle money, you are trained to give the robbers what they want and to get them out of the store so that no one else is hurt or killed. These guys could have just started randomly firing back and hurt or killed other employees or customers. This guy was an idiot and I would never keep him as an employee if he did this at work. He is no hero, he endangered others lives!!

Posted by: Tom | September 12, 2011 September 12, 2011, 4:35 pm

Didn’t have anything to do with the chips, they just needed any reason to fire her. I was fired a few years ago from walgreens after working there for over 3 years for keying in a walgreens coupon code. They suck. Then they put it on my record so that I can’t get a job at any other retailer.

Posted by: Missy | September 12, 2011 September 12, 2011, 4:53 pm

Im not surprised. I used to work for walgreens and when i was hired they knew i had panic attacks which required medication because they were so frequent. However no matter how good an employee i was (i ran the beauty dept), they told me that my attacks were bdcoming a problem, and if they werent going to be more in control, then i could be fired. They started reducing my hours, making me work in the middle of the night, making my life miserable. Never mind the fact that a manager in my store was stalking me, which i had made many reports about and they did NOTHING. They just transfered him instead of fired him. My attacks were worse than ever. They always said i was a great employee but my attacks in front of the customers werent a good look for the store.. so right before they were gonna let me go, i quit. I couldnt take it anymore. I was young and i had no clue of my rights back then. I wish i had…

Posted by: Anjie | September 12, 2011 September 12, 2011, 4:53 pm

This is dumb. I am a diabetic and when your sugar level get too low you can not think or walk sometimes. I too had open a soda at a store and pay on my way out. Shame on Walgreens.

Posted by: David Arredondo | September 12, 2011 September 12, 2011, 4:57 pm

Tom, there’s probably not a cemetery in America that does not contain the body of at least one clerk who followed company policy, gave the robbers everything they wanted, was polite and obeyed every instruction right up to the point the gun went off, the bat crushed a skull or the knife pierced the heart. Whatever happens when a robber starts the chain of events is the fault of the robber, not the victim. More than one robbery has resulted in the clerk and customers all being killed. Company policy aside, one must assume the worst when faced with an evil individual and a weapon.

Posted by: wantingbalance | September 12, 2011 September 12, 2011, 5:01 pm

I told my boss that my blood sugar lever was low and, that I need to go to get something to eat. He told me that I had to check out with the other manger. One time, I had to take my insulin, so I went to a storage closet and the manager busted open the door and told me to go to the restroom which is always filthy I am in the car business and I am discriminated daily because of my disease. I wish, I knew how to get help to stop the harassment. They do not give me leads as the other sale person and always trying to make an issue of my health.

Posted by: Marion | September 12, 2011 September 12, 2011, 5:05 pm

Too bad this didn’t happen to one of those “compassionate conservatives” who hates unions and believes business is “over-regulated”. Then we could enjoy seeing him skewered by his own political philosophy.

Posted by: Darwin was right | September 12, 2011 September 12, 2011, 5:09 pm

I’m a diabetic, and while I agree that potato chips are not the most efficient way to raise your blood sugar. But when it drops quickly, it can be panic inducing. Particularly when I was new to the condition, if I crashed I would reached for whatever calories were closest, not knowing whether I would be able to walk the twenty feet to get something that would work faster. The experience can be like getting your head above the surface after swimming too far underwater. You’re body is going to try to satisfy the urgent need of your brain whether it’s oxygen of fuel (sugar.) It’s instinct, not cognition.

Posted by: maxwello | September 12, 2011 September 12, 2011, 5:16 pm

I have been shopping at Walgreens since they came to Arizona. For me that is 30 years of shopping. I am very disappointed in the way you treat your employees (such as the diabetic and potaoe chips) and a gentleman I saw but not have read the whole article.

Think twice before you loose you customers especially those who have been shopping at your store for more then 30 years.

Posted by: Ann Kulik | September 12, 2011 September 12, 2011, 5:19 pm

Well let’s face it, Walgreens is just a big faceless corporation. It is unlikely that someone in corporate headquarters fired this individual. More likely it was some dumb manager, who may not even be at Walgreen’s anymore – who maybe has already been fired for their dumb decision. So I don’t blame Walgreens. I blames some dumb manager or managers at one specific store of Walgreens. And whether or not they lose this suit – they probably will – they will lose a lot of money, since they will lose a lot of goodwill over this. And this is where the stupidity of Walgreens corporate headquarters comes in. If the collective corporate “brain” assuming that Walgreens has any brains in their corporate headquarters exists – they would have realized this suit isn’t worth the badwill; and that their managers behavior was stupid and indefensible. They should have apologized to the employee – publicly – and settled with her out of course. Oh well – I guess they are just too stupid. Just what they need to attract customers during an economic depression. Go Walgreens. Show us how stupid you can be!

Posted by: Larry Mallet | September 12, 2011 September 12, 2011, 5:35 pm

Walgreens has not told its side of the story. I’m sure it is quite different from the employee’s.

Posted by: raicha | September 12, 2011 September 12, 2011, 6:06 pm

The only people that should be fired is Walgreens management.They recently fired a pharmacist that used a legally owned and registered firearm to protect himself and his co-workers from gun toting thugs that terrorized his store and employees. Now they fire a employees with medical problem for trying to head off a diabetic reaction! Walgreens leadership should be the ones let go!

Posted by: homer | September 12, 2011 September 12, 2011, 6:18 pm

Marion contact your local American Diabetes Association and they can direct you to someone who should be able to help. Fortunately, my boss witnessed me go out in one of his laborious meetings when I had my supplies at my desk, then being carted out such that now he gives me a little more latitude. I would not advocate the ambulence ride or the gulcogon shot to recover consciousness but it does leave a lasting impression.

Posted by: John | September 12, 2011 September 12, 2011, 6:59 pm

I completely object to the title of this article. The diabetic wasn’t “HUNGRY”…she was on the brink of having a blood sugar problem and borrowed the chips to possibly SAVE HER LIFE. Don’t make it sound like she was simply hungry, ABC.

Posted by: Lisa | September 12, 2011 September 12, 2011, 7:15 pm

As an emergency MD, I can attest to the fact that when a brittle diabetic runs into problems with low blood sugar, they need food, and they need it right away. Five minutes can make the difference between a patient who recovers quickly without medical care and one who becomes unconscious and in need of EMS services to keep them alive. Unless there is evidence this woman failed to reimburse Walgreens for the food she ate, tried to hide the fact that she took the food in an emergency, or had a history of other theft from the store, Walgreens should give her the benefit of doubt.

Posted by: Mike | September 12, 2011 September 12, 2011, 7:23 pm

Also, it’s better to go for something with sugar, like soda pop, candy, raisins, or juice if possible, rather than something that takes longer to digest, like fat-laden potato chips, then follow up with a regular meal as soon as feasible.

Posted by: Mike | September 12, 2011 September 12, 2011, 7:27 pm

My cousin was fired from Walgreens for the exact same thing. She was very sick, took her prescription and went to pay for it on her break but they fired her anyway. What is it with Walgreens? They need to look at redoing their policies!!

Posted by: Jake | September 12, 2011 September 12, 2011, 7:32 pm

We’re not getting both sides of the story here. I doubt a company would fire anybody over a bag of chips. Get real people! There has to be more to this story. Could it be that she has been stealing from the company, and just so happens to be a diabetic & sees her chance to make a buck. Don’t always believe what you read. I work in “corporate America” and see frivilous lawsuits more often than you would think.

Posted by: Jack | September 12, 2011 September 12, 2011, 7:40 pm

Kohl’s is just as bad. I made the mistake of purchasing something while on a break. They made a big to-do about me shopping while on the company’s time. I’d worked for them for 6 years and never a problem. Others had shopped on their breaks too – for years. How is that any different than someone taking a break and eating, sitting down or making a personal call? I quit right after that. It was only a part-time job. I only take garbage like that off of my full-time employer.

Posted by: Denese | September 12, 2011 September 12, 2011, 7:46 pm

@Jack – I would agree were it not for the fact that the EEOC investigated and is suing on the employee’s behalf.

Posted by: KC2CHI | September 12, 2011 September 12, 2011, 7:48 pm

“Could it be that she has been stealing from the company” ~~~~~~~I checked on this possibility. She has a spotless record. NO disciplinary actions for anything, including any thefts.

Posted by: Mike | September 12, 2011 September 12, 2011, 8:16 pm

Looks like a very righteous lawsuit. Hope she kicks their arse.

Posted by: Vic Sasso | September 12, 2011 September 12, 2011, 9:05 pm

This is obviously a cooked up story. Anyone with diabetes would not grab a bag of chips to curb low blood sugar with a gazillion other much more efficient products handy in Walgreen’s. She says that she usually kept candy in her pocket for such instances. One wonders why potato chips over several aisle of candy that are in every WalGreen store, at the counters and all over the store. I don’t believe her story for one minute. She wanted a bag of chips. And, I also find that she paid for them as “soon as she could” a bit vague…was this hours later or days later? This story is sooo suspicious…. I don’t see why almost 90% of the folks here jump to the conclusion that WalGreen’s is at fault. I think it’s highly more likely she grabbed a bag of chips to eat while on duty (and maybe this wasn’t her first time) as there’s just no logical reason for her to use chips for her diabetes. Even after 18 years of working in a place is not proof that an employee is blameless. I’ve seen people who have ruined their careers and worked just as long, by doing something totally stupid….. I just can’t believe her story. I’ll wait for WalGreen’s response before I totally judge this. However, just common sense doesn’t make it look to good for this lady.

Posted by: KtCape | September 12, 2011 September 12, 2011, 9:16 pm

Hard to believe that after 18 years of service they fired her for this one thing

Posted by: Dan | September 12, 2011 September 12, 2011, 9:49 pm

It depends on the chips, some brands do have a lot of sugar in them. Don’t be so judgmental, even if you know or are a diabetic. Everyone is different. My in-laws get a weak in the knees feeling, while my mother turns into a complete child whenever sugar levels are low. People will react differently.

Posted by: Aquia | September 12, 2011 September 12, 2011, 9:51 pm

“And, I also find that she paid for them as “soon as she could” a bit vague…was this hours later or days later?” ~~~~~~Other news stories about this case say she paid the same day during her break time. This story doesn’t include that detail. ________ “there’s just no logical reason for her to use chips”~~~~~~~~Depending on how low her blood sugar was, she might not have been thinking too clearly. Confusion is a classic sign of hypoglycemia, as are certain visual disturbances, unsteady gait and incoordination. Many diabetics will go for whatever is easily at hand, rather than go hunting for more distant but perhaps more typical choices.

Posted by: Mike | September 12, 2011 September 12, 2011, 9:51 pm

Yes, chips are a bad choice, but when one is about to go down the nearest thing is the choice. It was an emergency situation, she grabbed the nearest thing, and paid after. Ridiculous that they fired her. It would be one thing if she took the chips and didn’t pay until someone called her on it, but she paid for them because she knew she needed to.

Posted by: Faith | September 12, 2011 September 12, 2011, 10:26 pm

Anyone try researching this company? Millions of dollars are donated and raised for a wide range of organizations such as the american cancer society and juvenile diabetes, not to mention all the relief efforts from natural disasters and they actually have a distribution center that employs more workers with disabilities than without. But wait that means people who read or hear something and automatically assume are not really thinking for themselves…

Posted by: heath | September 12, 2011 September 12, 2011, 11:01 pm

I agree with Sharon, more at work here than a bag of chips.

Posted by: Bruce | September 12, 2011 September 12, 2011, 11:14 pm

Walmart as bad. Back in 2007 I was pregnant an I know I was having a miscarriage an i told my manager I need go hospital an she ask me am I’m sure. I told her what she think blood wouldn’t be coming down my leg for nothing. As I was leaving she ask me am I going be back finish my shift. I told her when doctor tell me be back and I call them. Right then I know they don’t care about the workers.

Posted by: Baby J | September 12, 2011 September 12, 2011, 11:47 pm

Wow – since when can employees just grab a bag of food, eat it, and then pay for it “before the end of the day”? No wonder why companies are losing so much money due to employee theft. People are abusing our justice system – only we would allow these kind of lawsuits to happen.

Posted by: abuse | September 13, 2011 September 13, 2011, 2:12 am

100% one-sided biased story. So much for balanced reporting.

Posted by: SamJ | September 13, 2011 September 13, 2011, 2:42 am

Well I have worked for Walgreens and let me tell you they do fire people or stupid stuff all the time. They make billions a month and they dont care for their employees. Their Health Insurance is a joke, sometimes no breaks. They do this so the higher ups can have million Dollar salaries. Good Luck Josefina, time to stop Walgreens from treating employees this way

Posted by: Sam | September 13, 2011 September 13, 2011, 3:55 am

Best thing for a crash is to either have a snickers bar or red vines licorice……either one is a quick stabilizer spike, if she has this condition why doesn`t she have her purse stocked and accessible ?

Posted by: NewUnion | September 13, 2011 September 13, 2011, 4:20 am

Wow. Walgreens could have done things a little different here to limit the liability

Posted by: Kenneth Fingerman | September 13, 2011 September 13, 2011, 9:59 am

The story doesn’t tell us if she paid for the bag of chips on her own, or after it was brought to her attention after she was already in trouble. I wonder. That would make a difference.

Posted by: Serious Person | September 13, 2011 September 13, 2011, 10:26 am

Dear ABC, As the parent of a type I diabetic I take issue with two things in your coverage of this important news story. First, this is not about a ‘hungry diabetic’ but about an emergency situation that diabetics experience – hypoglycemia. A hypoglycemic event occurs when blood sugar falls too low, and the brain cannot function. In fact, without treatment, cell death begins to occur, and the patient will become unconscious, have seizures, both, or at worse – die. Treatment of a hypoglycemic event cannot wait, ever. I truly wish that you would re-title this piece, and provide due diligence to what this employee truly experienced in that crucial moment when she chose (rightfully) to eat a bag of chips before paying for it. Walgreens – shame on you. No amount of corporate support to JDRF, for which we are all grateful, makes up for this kind of treatment of your employees – ever. And, given your corporate support of JDRF, it does seem odd that it takes the EEOC to bring to your company’s attention the reprehensibility of the actions taken against the employee in this situation.

Posted by: MommaKat | September 13, 2011 September 13, 2011, 6:52 pm

It is not an employers responsibility to provide her with food for her diabetes. She knew she is diabetic, she should carry a candy bar or soda with her for these situations. Walgreens sets certain rules, and if employees don’t comply with them they are fired. The eeoc and every other bully organization that tries to intimidate companies needs to back off. There is probably much more to the story than what is in the article. You guys are a bunch of morons.

Posted by: christian | November 9, 2011 November 9, 2011, 12:51 pm

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