A Chip On the Ol’ Clock: The ADA’s Reasonable Accommodation Requirements

October 9th, 2014

On September 17, 2008, an employee of Walgreens stopped stocking the store shelves just long enough to open and eat a bag of potato chips without paying for them first. Total cost of potato chips to Walgreens: $1.37. Two months later, Walgreens terminated the employee. Total cost of the settlement Walgreens ultimately paid to the EEOC: $180,000.

Why? Because the employee that Walgreens terminated had Type II diabetes and was eating the potato chips in a frantic attempt to counteract her sudden low blood sugar. Walgreens was aware of the employee’s disability (diabetes), yet in this case it appears that Walgreens failed to reasonably accommodate the employee’s disability that caused the employee to eat the chips.

Walgreens seemingly drastic response to the employee’s action comes from its strict “no grazing” policy, which is intended to prevent employee consumption of food merchandise that the employee has not first purchased (such theft costs Walgreens more than $350,000 annually). The employee alleged that she attempted to buy the chips immediately after her low blood sugar episode, but the cashier wasn’t present, so the employee placed the chips underneath the counter, intending, she stated, to purchase the chips when the cashier returned. Walgreens fired her a few months later.

The employee contacted the Equal Employment Opportunity Commission (EEOC) and filed a complaint against Walgreens, which the EEOC investigated and then brought a lawsuit against Walgreens alleging that the employee was terminated in violation of the Americans with Disabilities Act (ADA).

The ADA provides that “no covered entity shall discriminate against a qualified individual with a disability because of the disability . . . .” 42 U.S.C. § 12112(a) (emphasis added). Employers are required to make “reasonable accommodation” of employees’ disabilities, and the employer’s failure to make the required reasonable accommodations constitutes discrimination.

The settlement that Walgreens agreed to requires it to pay $180,000 to the EEOC and implement serious changes to its antidiscrimination policy and training procedures.

Taking Government at its Word or Not: Promissory Estoppel

June 20th, 2013

The stage is set for a Supreme Court battle over the whether there is even a scintilla (i.e., a tiny trace) of evidence in an employment-related estoppel claims against the City of Columbia. In  Bishop v. City of Columbia, 738 S.E.2d 255 (Ct. App. 2013), retirees allege they relied on promises of free post-employment health insurance made by their employer, the City of Columbia.  The trial court granted summary judgment.  The Court of Appeals reversed.  The city has petitioned the South Carolina high court to review the case. Read the rest of this entry »

An Ounce of Prevention: Tips for Getting Better Nursing Home Care

May 24th, 2013

Nobody I know prefers a lawsuit over prevention of harm; of course, sometimes we have little control and cannot prevent all the threats to our safety and health.  Having a family member in a nursing home may be one of those times when we have little control. However, we are not helpless and can do some things to improve the chances of getting better care.  You no doubt have heard the now cliche “trust but verify.”  When it comes to nursing home care I think we are better of not trusting and still verifying.

There are good people who work in nursing homes, but too many times corporate decisions provide these employees with inadequate resources to provide the care needed all the time.  So, we must be proactive.  How exactly? Do you recognize the warning signs of abuse and neglect?  What else? Ask questions.  More questions.  Inform yourself.  This short video contains a couple other of ideas on confronting your doubts about the care your loved one is receiving.  

If you have questions about this topic or any other related to the law of nursing home abuse and neglect, contact me at andy@aalawfirm.com. 

20 Years of Practicing Law: Some Lessons Learned

January 31st, 2013

Andy Arnold Named One of Greenville Business Magazine’s Legal Elite

August 1st, 2012

FOR IMMEDIATE RELEASE

GREENVILLE, S.C. – Greenville Business Magazine has recognized Andy Arnold as one of the area’s Legal Elite in the practice of Labor and Employment Law.

In its first-ever survey, the magazine sent emails to 850 Greenville-area lawyers and asked them who, in their opinions, were the best lawyers in 20 practice areas. Respondents could nominate lawyers in their firms, but for each in-firm lawyer there had to be an out-of-firm lawyer nominated, although not necessarily in the same practice area.

A total of 95 lawyers were identified by their partners and peers as the Legal Elite of the Greenville area.

Greenville Business Magazine will honor the Legal Elite with a reception Aug. 16 at High Cotton.

2012: Twenty Years as a South Carolina Lawyer

January 12th, 2012

I was admitted to the practice of law in South Carolina on November 18, 1992. Just as watching my children age so rapidly before my eyes amazes me, the realization that I have practiced law for almost 20 years is hard to believe. When I first opened my own practice in 1994 I dreaded being asked how long I had practiced law; who in their right mind would hire someone only two years out of law school to handle an important case? Fortunately, the answer was enough for my practice to survive and eventually thrive. Read the rest of this entry »

Nursing Home Law Basics: Arbitration Agreements

September 21st, 2011

So, you show up to admit your mother or father to a nursing home.  You are nervous, sad and stretched thin.  The nice people in admissions tell you not to worry.  They provide you with much information about the facility and give you an admissions agreement to sign.  You are given several other documents to sign:  “Sign here.  Okay, sign here.  And here.”  Just routine documents.  What choice did you have if you wanted your loved one in the nursing home close to home?  I bet you just signed an arbitration agreement.  What’s that?  This video provides an introduction.

Proud to be a South Carolina Lawyer

August 1st, 2011

The South Carolina Bar kicked off its Proud to be a South Carolina Lawyer” campaign. I was one of 13 featured.

Due Process Should Run Its Course in Boeing Case

July 15th, 2011

Here is a link to my July 10, 2011 article in the Greenville News: Due Process Should Run Its Course in Boeing Case. Not sure link will work without subscription, so here is my basic point:

If Boeing did violate the law, the law should provide a remedy. The remedy being sought by the General Counsel for the NLRB is to return the 1,000 jobs to Washington state. If the charge is proven true, South Carolina would be subsidizing illegal behavior by allowing Boeing to remain.

Is there some middle ground that provides a remedy for the wrong while minimizing the impact on innocent third-parties (such as the workers in North Charleston)? These are questions that should be answered after the due process of law has run its course.

Zimmer All-Metal Hips Next Wave of Products Liability Lawsuits

June 26th, 2011

I will soon file a lawsuit for a client who had both hips replaced with metal-on-metal hips manufactured by Zimmer.  Since the hip replacements, my client’s pain has been debilitating.  She has since incurred over $170,000 in medical expenses for the two surgeries to remove the two Zimmer hips and have them replaced with more conventional hip replacements.  Of course, she has lost wages from time away from work.

Apparently, up to 500,000 patients have had hip replacement with all-metal hips. (There are also similar problems with the DePuy all-metal hips.)  The New York Times just ran an article (6/26/11) in its Sunday Business section entitled In Medicine, New Isn’t Always Improved. The article is informative as to how a relatively untested health care product became accepted in the medical community and then caused lots of harm to patients.  The article surmises that “that lawsuits against it and other makers of all-metal hips may emerge as the largest product liability cases of this decade.”