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EEOC Sues On Behalf Of Employee Fired For Eating A Bag Of Chips To Stop A Hypoglycemia Attack

The Equal Employment Opportunity Commission (“EEOC”) has sued Walgreens under the Americans with Disabilities Act (“ADA”) for firing, instead of affirmatively accommodating, a diabetic employee who opened a $1.39 bag of chips while she was on duty because she was suffering from an attack of hypoglycemia. EEOC v. Walgreen Cos., Case No. CV11-4470-JSC (N.D. Cal.). The EEOC alleges that Walgreens fired the employee for this incident despite being aware of the employee’s diabetic condition; that she had nearly 18 years’ seniority with no disciplinary record; that it had been informed that she had eaten the chips because her blood sugar was low; and that she paid for the chips as soon as she came off duty.