In September 2008, Josefina Hernandez, a cashier who has type 2 diabetes, was fired from a Walgreens in South San Francisco. Plaintiff U.S. Equal Employment Opportunity Commission claimed that the former cashier was fired due to her disability after she ate a $1.39 bag of chips before paying for it. After an investigation by an EEOC investigator and attempting to resolve the case through pre-litigation conciliation efforts, the EEOC sued Walgreen Co. for violations under the Americans with Disabilities Act. The EEOC claimed that Hernandez took a $1.39 bag of chips during a hypoglycemic attack and began eating the chips in order to stabilize her blood sugar level. It noted that Hernandez had worked for Walgreens for almost 18 years, with no disciplinary record, and that Walgreens knew of her diabetes. The EEOC also noted that a Walgreens security officer testified that when he asked for an explanation as to why Hernandez took the chips before paying, Hernandez wrote, “My sugar low. Not have time.” However, the security officer testified that he did not understand, nor did he seek clarification, as to what Hernandez meant by her response. Walgreens stated that it believes its policies and practices reflect a past and future commitment as an industry leader at accommodating the special needs of employees who have an illness or disability. Thus, defense counsel contended that, in the past, Walgreens had allowed Hernandez a reasonable accommodation to take additional break time to consume food that she had purchased or brought from home. However, counsel contended that in this particular incident, where the employee consumed merchandise without notifying anyone of the need for an accommodation, Walgreens applied its uniform policy of zero tolerance for consuming merchandise without paying for it. Defense counsel subsequently moved for summary judgment, but it was denied., The EEOC, on behalf of Hernandez, sought recovery of back pay, emotional distress damages and punitive damages.