Starbucks sued for firing dwarf

By: Barry Leibowitz
Topics: Daily Blotter

AP / file

(CBS/AP) EL PASO, Texas - We'll spare you the "small" jokes - actually in Starbucks' case those are really "tall" jokes - as we tell you the following:

The Equal Employment Opportunity Commission (EEOC) is suing the java giant for firing a dwarf, who asked for a stool to perform her job as a barista at an El Paso Starbucks.

An EEOC statement said the lawsuit was filed Monday in federal court in El Paso. It alleges that Starbucks fired Elsa Sallard after three days of training, because it deemed she'd pose a danger to customers and co-workers. The commission contends Starbucks' actions violated the Americans With Disabilities Act.

The agency also seeks lost wages and compensatory damages for Sallard, and a court order that Starbucks adopt policies to correct and prevent disability discrimination.

Starbucks said in a statement that its policies provide for equal employment opportunities and strictly prohibit discrimination on the basis of disability.

And so ends chapter one of this "tall" tale.

7 Comments +

Add a Comment


by Harden_Tar May 18, 2011 3:16 PM EDT: Dear "Little Person". You can't stand on a stool to do your job! OSHA will go nuts. What happens if you slip and fall and spill hot coffee all over yourself and others, especially customers?

I can't believe Starbucks would hire someone that couldn't meet the physical requirments. Having physical requirements to do a job is not discrimination. To allow this person to do that job, they would have had to build some kind of platform that was approved by any number of agencies. Sue for that short stuff.; Reply to this comment


by cwtloki May 18, 2011 12:31 PM EDT: CherySmith you are incorrect. We went through an EEOC process and they have just heard one side so far. This will drag unless someone settles and at the end of the day when it gets in a court room she has to be able to prove that her size was the issue - especially if they are an at will state. If she cannot prove her size was the issue she will be out of luck unless they settle with her before it goes to court.; Reply to this comment

by TangieRine May 18, 2011 12:05 PM EDT

Not so CherySmith, the EEOC has heard one side of the story and has decided to investigate at this point. Now Starbucks will tell their version of the situation and then they will decide if they will take action. I worked for a company that received a complaint and I had to provide information to the EEOC to show that the complaint was bogus. It was simple and painless.

Reply to this comment


by CherySmith May 19, 2011 12:21 PM EDT: If it has been filed in federal court, the investigative process to determine if they have a case or not has been done.

by pak31 May 18, 2011 9:46 AM EDT

It doesn't say but did she get a letter from Starbucks? If I were fired for no reason or for a reason that was discriminatory, I would ask for something in writing. Or did she get something from them that stated her working there would pose a threat to others? If she did, then she might have a case otherwise she seems out of luck.

Reply to this comment


by catwoman1952 May 18, 2011 10:14 AM EDT: It's amazing to me how many people out there think they know everything....you have no idea what is going on


by CherySmith May 18, 2011 11:25 AM EDT: When EEOC files a case, it's already been investigated by them and deemed ready for federal court. I'm sure they have all the evidence they need to kick Starbucks' butt.