$277k...A most expensive case in lack of organizational communication...

A most expensive case of employer insensitivity....                       at the cost of $277k 


In reading the business news, I was struck by the verdict of a case involving employer insensitivity.  Dollar General ($72.09 +0.20) has been know for selling everything from toilet paper to paper clips and then some. But on yesterday, the dubious retailer will now be known in the Equal Employment Opportunity Commission circles as a company forced to pay over $277k in damages for insensitivity.   The case, stemming from an employee drinking a $1.69 orange juice to help overcome a diabetic incident while working on the job. The specifics of the case were reported to the EEOC, when company management fired the employee after discovering the drink was paid after overcoming the attack.  The TN store manager claimed that the employee broke company policy, although the hr affords this type of action in the company manual.

The employee filed suit with the federal government under the American with Disabilities Act (ADA), claiming that the manager forced a termination, although the company policy afforded for the action.  In the process, the employee filed the action with the EEOC, the EEOC entered into a lawsuit against the employer and the employee joined the suit.  During the trial, the employee stated that the drink was paid for, the incident was reported to the manager and the ending result was the termination.  The EEOC proved that it was organizational policy to afford the action of the employee in such instances.  However, the bigger issue is the fact that there was a disconnect between the manager of the store and the corporate office, which issued a policy that allowed for such action.  The end result being that within a jury trial on a civil action, Dollar General paid a very expensive price for not following its own policies.  According to a statement by the EEOC, "

“It is disappointing, however, that we continue to see cases where employers fail to train their employees on basic requirements under the ADA (American Disability Act). The Commission will continue to carry out its goal of ensuring equal opportunity in the workplace for persons with disabilities.”

Question...how many times do organizations, (governmental, not-for-profit or corporate), produce company-wide rules that people neither read, nor follow, resulting in continued violations.  If organizations wish to have employees adhere to rules established, they must do a better job with communicating those rules to all levels of management.  In the final scenario, the "rule breaker" very well may be the leadership, rather than those who are required to abide by the rules of employment.

There are other issues concerning areas of race, gender, ethnicity and sexual orientation that can also beg the attention of the EEOC when dealing with employee actions and the violation of organizational policies.  The ultimate lesson should be that rules administered should be rules communicated.

A very expensive lesson and all over a $1.69 drink...oh yeah...plus tax.