Last April, we reported on a case where an employer fired an employee for helping herself to a bag of potato chips without paying. The employee argued that she is diabetic and needed the chips because of low blood sugar. The EEOC, striking a blow for the rights of snack food thieves everywhere, filed suit on the employee’s behalf and, as we reported, the court denied the employer’s motion for summary judgment.
Now, as reported by our colleagues at the Employment Discrimination Report, the employer has settled for $180,000. The law provides scant guidance for employers on how to address misconduct that the offending employee attributes to a disability. And as this case shows, a misstep can be expensive. So employers facing these decisions have a choice. They can get legal guidance at the decision-making stage or they can just wing it and let the chips fall where they may.