A Starbucks coffee shop has come under fire from the Equal Opportunity Employment Commission after the company allegedly refused to accommodate, and later fired, an employee who suffered from dwarfism. According to the recently filed lawsuit against Starbucks, the store manager violated labor laws by refusing to provide a small stool or stepladder for the employee to stand on, and by later firing her.

The lawsuit will turn on whether the Starbucks violated Title I of the Americans with Disabilities Act. Under the law, an employer must provide a reasonable accommodation to a disabled employee or applicant, unless doing so would cause an undue hardship to the company.

Starbucks spokeswoman Stacey Krum defended the company's actions. The employee was hired on a trial basis, she said, and after three days, the store manager made the determination that there was no way for the employee to be successful in the position. Without a stool or stepladder, the employee was unable to perform the required duties, and providing a stool would have been a danger to store employees and customers, Krum said.

Even with the accommodation of a stool or stepladder, the employee was not able to perform the duties of a barista in a fast-paced environment, which were simply too physically demanding for her. "Using the stool in that environment just wasn't a reasonable accommodation in that store," Krum said.

According to EEOC attorney Robert Canino, Starbucks' position in the market gives it a greater opportunity and responsibility to treat employees with respect. "Starbucks has become a virtual icon of modern American culture, appealing to an incredibly diverse customer base," he said in a statement. "We'd hope that when considering hiring a person with a disability, Starbucks would choose to enhance its brand with the mark of equal opportunity and access."

Source: Reuters, "U.S. sues Starbucks for firing dwarf from barista job," Corrie MacLaggan, 17 May 2011