Dollar General Disability Bias Damages Upheld by 6th Cir.

From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...

By Porter Wells

A $275,000 jury verdict in favor of a diabetic Dollar General sales associate who drank orange juice from the store cooler—before paying for it—to stave off medical episodes was upheld Aug. 7 by the U.S. Court of Appeals for the Sixth Circuit.

Store managers fired Linda Atkins for violating their “anti-grazing” policy, which bans employees from consuming food and drink without paying for it first. Twice before, Atkins had felt the warning symptoms of a low blood sugar episode and drunk juice from the store cooler before promptly paying for her drink and telling her manager what she’d done.

That Atkins’ supervisor had flatly denied her request for a disability accommodation, like bringing her own juice and keeping it at the register, led the Sixth Circuit to reject Dollar General’s arguments that Atkins could have managed her hypoglycemic episodes by other means.

The case is EEOC v. Dolgencorp LLC, 6th Cir., No. 17-6278, 8/7/18.

Request Labor & Employment on Bloomberg Law