Remember that Americans with Disabilities Act case involving Walgreen and the $1.39 bag of chips. In that one, the store appeared to really step in it by firing a diabetic who ate a bag of chips from the store without paying for it. The employee claimed that she needed the chips for her diabetes. The store defended its actions by arguing that the employee violated its no-grazing policy. $180,000 later, that case settled.

This opinion I was reading over the weekend involved a supervisor in a store with a "no-grazing" policy. In her position, the employee worked around food. She knew that the store had a no-grazing policy and that violating it could lead to termination. Indeed, the the plaintiff-supervisor forwarded complaints to management that two others had violated the policy, and both were fired.

One day, the plaintiff-supervisor was accused of violating the no-grazing policy by eating a few chicken poppers. She was later interviewed and initially denied grazing. Indeed, she flatly denied consuming the food. As the court's opinion notes, "she admitted that she put chicken poppers in her mouth to taste them but then spit them back out."

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