SAN FRANCISCO — Drugstore Walgreens has agreed to pay $180,000 to a long-time South San Francisco employee to settle a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission announced Wednesday.
The company fired Josefina Hernandez, who has Type II Diabetes, in 2008 after she ate a $1.39 bag of chips to stabilize her blood sugar level as she suffered a hypoglycemic attack, according to the EEOC.
Hernandez had worked for the company for 18 years.
Commission attorneys said Hernandez didn’t have any disciplinary record at work prior to the chips incident, and her employer knew she suffered from diabetes.
She was fired for eating the chips without paying for them.
A security officer, who questioned Hernandez about eating the chips before paying for them, testified he didn’t understand or ask for clarification from Hernandez when she responded to his query by writing “My sugar low. Not have time,” attorneys said.