Starbucks sued for firing barista with dwarfism

The federal government is suing Seattle-based Starbucks for firing a barista with dwarfism in 2009.

The barista, Elsa Sallard, was training to work at a Starbucks cafe in El Paso, Texas and asked to use a stool or stepladder while preparing drinks. But a lawsuit filed by the U.S. Equal Employment Opportunity Commission states she was denied that request and terminated because "she could pose a danger to customers and employees."

Federal officials claim that violates the Americans With Disabilities Act.

"Employers cannot blithely ignore a request for a reasonable accommodation by a qualified individual with a disability," said Joel Clark, a trial attorney for the EEOC. "Starbucks flatly refused to discuss Ms. Sallard's reasonable request. Instead, they assumed the worst and fired her."

He added: "The ADA was enacted to prevent that kind of misguided, fear-driven reaction."

The lawsuit was filed in U.S. District Court for the Western District of Texas on Monday.

Starbucks spokeswoman Stacey Krum declined to comment on the specifics of the case given the pending litigation, but said the company has a strict no-discrimination policy regarding employees with disabilities.

"We take the concerns that are included (in the lawsuit) very seriously," Krum said. "We absolutely have a zero-tolerance for discrimination of any kind."

She said Starbucks doesn't track employees disabilities in a measurable format, but has anecdotal evidence that the company employs and makes accommodations for other people of short stature.

"We're really proud of our track record for hiring partners with a variety of disabilities," she said.

The lawsuit was filed Monday, but Starbucks has not yet been served.

Visit seattlepi.com's home page for more Seattle news .

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Starbucks sued for firing barista with dwarfism
Starbucks sued for firing barista with dwarfism

But a lawsuit filed by the US Equal Employment Opportunity Commission states she was denied that request and terminated because "she could pose a danger to customers and employees." Federal officials claim that violates the Americans With Disabilities



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However, the recent World Bank Malaysia Economic Monitor Report on “Brain Drain” serves up a stark reminder to Najib that such goals will be nothing but pipe dreams if critical reforms are not instituted. The Report said that “Malaysia seems stuck in a middle-income trap, the predicament that prevents middle-income countries from fulfilling the next step in their development path towards high income.” In fact, the World Bank survey has found that an overwhelming 87% of respondents suggested that a "paradigm shift away from race-based towards needs-based affirmative action" may entice a migrant to return to Malaysia. What’s more, the survey had indicated that 60% of respondents cited "social injustice" as a key reason for their leaving the country. Hence as an immediate measure to demonstrate Najib’s commitment towards achieving a high-income nation status, he must reinstate the “Equal Opportunity Commission” (EOC) which was proposed in the New Economic Model (NEM) Part 1, but was subsequently inconspicuously dropped due to strong protests from within UMNO and from right-wing Malay rights groups such as Perkasa. Datuk Zainal Aznam was highly critical of the Government’s decision to drop the proposed EOC where he said “after more than 50 years of independent growth, we are no closer to being racially blind… Current and future conflicts in Malaysia will be fuelled more by an outraged sense of inequality and unfairness in economic opportunities…” As a tribute most befitting to Datuk Zainal Aznam who had passed away on last week, Najib should immediately announce the reinstatement of the proposed EOC, and introduce the necessary legislations in the coming parliamentary sitting commencing on 13th June. The measure will contribute positively towards helping Najib’s Talent Corporation succeed in convincing migrants to return, and curb the excessive drain on the country’s talent, so critical in achieving Malaysian’s high income nation target. The problem with anti-discrimination laws such as Equal Opportunity laws, its often difficult to determine because its so subtle and can be abuse easily. The idea that the laws and commission can be perfect just like that the affirmative action or the NEP which is clearly is not could succeed as envisioned is plainly ridiculous. Its simply not logical for such perfection of govt policies.


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