The Equal Employment Opportunity Commission has sued Starbucks Coffee Co., alleging the company failed to reasonably accommodate a barista with dwarfism and then fired her because of her disability.

The EEOC said in a written statement that Elsa Sallard was hired by Seattle-based Starbucks to work in a customer service position in July 2009 at an El Paso, Texas, cafe. She was fired three days later after she asked to use a stool or a small stepladder, and Starbucks disregarded her request, according to the EEOC.

Starbucks claimed Sallard was a danger to customers and employees, according to the EEOC.

The agency said on May 16 that it filed a lawsuit after it failed to reach a voluntary pre-litigation settlement with the company.

The lawsuit accuses Starbucks of violating of Title I of the Americans with Disabilities Act. It seeks injunctive relief, including formulation of policies to prevent and correct discrimination, lost wages, and compensatory and punitive damages.

The lawsuit was filed in U.S. District Court for the Western District of Texas, which is based in San Antonio.

A Starbucks spokesman could not be reached for comment.  

Filed by Judy Greenwald of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

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