• @lawroomkent August 24, 2011 at 4:24 pm

    A manager's unfounded suspicions are not part of the equation. Realistic concerns about safety are always relevant in ADA cases. Applicants must be able to do a job safely (for both themself and other people) to be qualified for a position, disability or not. See Chevron v Echazebal (US SupCt 2002), briefed at

    • LAS_Admin August 25, 2011 at 10:08 am

      Hi Kent, Agreed and thanks for sharing the link; my sense is that El Paso is not as high-traffic as NYC and, therefore, the safety of self or others issue my not have been as much of the equation and perhaps why–aside from the PR benefit–Starbucks has wholeheartedly jumped at the chance to pay up and enhance training etc. Had this been a super-busy location, I daresay that it would be imprudent on all sides to not factor in the potential for accident and/or personal injury as a result of adding a step stool behind the counter. Just my take on the situation–otherwise, why not fight it? Is the risk of laying the groundwork for future injury worth it? I don't know. At any rate, I like the poll question on your site–and I'm wondering how you might have answered that question yourself?

  • Melody Voss September 2, 2011 at 10:49 am

    Did the manager not think of the limitations the new applicant had before he agreed to employ her?
    Was there not a position at the register for her? .
    *Hey even McDonald's has employees with 'disabilities'. They are usually the ones out wiping tables, cleaning up the lobby, stocking napkins, etc.
    Even in wheelchairs, Walmart has "Greeters" at their doors.
    I don't recall, but I think you do not have to put on an application exactly what your disability is, but it does ask most times if you can perform said duties without assistance.
    Did she forget to mention she was a dwarf & could not reach the countertop? Was the whole interview conducted sitting down, where the manager did not notice her feet didn't touch the ground?
    Something is a bit 'off ' in this story/case.
    I'd love to find out the final results and if it changes the hiring practices for dwarfs or other short people.

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