Starbucks employee sues over coffee shop noise

[Omaha Steve]

Source: (Reuters)

NEW YORK - A former Starbucks barista with an ear condition is suing the company for $4 million because she says noise levels in the Manhattan coffee shop where she worked were too high.

According to court papers filed in New York State Court, changes to the coffee shop, like removing the carpeting and draperies and installing "loud, buzzing" ovens, created a noise level that was too much to bear for Joyce Cohen.

"The beeping, along with the loud ventilation system and the buzzing ovens, caused (Cohen) excruciating pain in her ears," the lawsuit said.

After complaining to Starbucks management, Cohen -- who worked for Starbucks for the past seven years and is suing for disability discrimination and lost wages -- was transferred to a different location.

Read more: http://www.reuters.com/article/domesticNews/idUSN1215157220071213

[Buzz Clik]

1. This is worthy of a lawsuit?

I don't get it.

[RC]

5. It's worthy. Way too many people are clueless as to what loud noise

does to them.

GOOD FOR HER!

I wear hearing aids in both ears because of loud noise. Before I got them I could not understand what my daughters were saying to me. I know people that should be wearing them, but don't because they don't think they need them. They really do and they miss so much.

[Buzz Clik]

7. We're talking Starbucks here, not an automobile assembly plant.

This will be a tough sell.

[Orsino]

42. Probably the only way to make Starbucks take it seriously.

It is surprising what years of exposure to even moderate levels of noise can do to one's hearing.

[femrap]

67. Have you heard those machines that BEEP?

It does hurt your ears. I think they've installed those and removed the cushioning effect of drapes and carpet so people won't stay very long. That's why Fast Food joints are painted in loud colors...makes people uncomfortable so they'll leave quickly.

There is a whole science behind this...how to get customers to behave.

[EFerrari]

75. And the Starbucks people are master sculptors. You're right. n/t

[katty]

65. yeah, noise pollution is harmful and crazy making

[MattSh]

70. No, it's not.

For chissakes, she lives in Manhattan. The noisiest borough of the noisiest city in the whole damn world. What, she expects quiet in NYC?

Fergetaboutit!!

[johnfunk]

11. I do. I'm related to a doctor who specializes in hearing, and she...

... has mentioned on more than one occasion how LOUD her local Starbucks is. I've noticed the same thing in some of their Seattle, NYC and Colorado locations. Even moderately loud levels of noise, if sustained, can lead to hearing loss.

[Buzz Clik]

12. Hm. Ok. The Starbucks around here are pretty laid back and relatively quiet.

[acmavm]

36. The ones here are like a tomb. I'm curious though. Who was it that forced

who to tolerate this torture? Did her boss come and pick her up everyday with a gun to her head? She had to tolerate these inhuman conditions?

[Name removed]

52. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[Pavulon]

15. 90db an hour is the osha reg

over a shift. a vacuum is about 80db. A 90db starbucks would be unpleasant for customers.

[Fierce]

20. Dude, you don't have to yell.

:p

[Javaman]

53. What? nt

[Thothmes]

38. From what I recall

a sustained noise level above 85 dB is considered a hazard and requires hearing protection per OSHA.

[MNDemNY]

61. Well, then, why don't we all just stay in bed.

[tabasco]

18. Anyone can file a suit for anything.

The first time a judge sees it, it will get thrown out.

Most of the frivolous lawsuits the reich-wing screams about (in their efforts at tort reform) are thrown out immediately.

But they forget to mention that.

[treestar]

57. Eh, most of these types of stories are meant to inflame you

for tort deform, and they don't give you enough information. It might be "worthy" but we're not going to know from media coverage. You'd have to get a lot more of the facts and the theory of the case. Snap judgments are usually media-guided. Sure it doesn't sound like much on the surface of it, but that's it - it's just the surface.

The media wants you to conclude it is a "frivolous" lawsuit without examining it.

[Buzz Clik]

69. Good point.

[lumberjack_jeff]

60. I just bought two pairs of noise cancelling headphones as gifts for $25.

$2m could by many pairs.

[madeline_con]

2. Here's an idea, work somewhere else!

If you can't stand the heat (and noise)...

This is stupid. It's not like Starbucks is going to change their whole M.O. because a RESTAURANT they own is noisy.

[cstanleytech]

22. Agreed. NT

[dysfunctional press]

26. exactly.

if she has a medical condition that makes everday noises painful- she needs to seek work/a career doing something with quiet surroundings...library science, maybe? :shrug:

[orleans]

33. if what post #15 says is true then no one should work there. osha has

regulations for the workplace. to protect workers. period.

your comment is like saying the place is filled with toxic gas--but hey! if you can't stand the toxic gas then go work someplace else.

democrats are usually in favor of protecting workers, and the general welfare of the people.

what's up w/you?

[Orsino]

43. "Work somewhere else" is one of the cries of the union-busters.

I say protect the workers, or face consequences.

[Lost4words]

47. I am with you 100% ! I am sick of corporate loving lackies!

Power to the people, one way or the other.

8643

[Binka]

63. There Are Many Corpo Loving Fools On DU

They don't even have a clue as to how programed they are.

[Lost4words]

48. delete dupe

Duplicate sorry

[orleans]

79. exactly. n/t

[seriousstan]

3. She was eventually diagnosed with "hyperacusis"

-- a condition that makes people overly sensitive to everyday sounds.

Was this condition pre-existing or is she claiming her workplace caused this condition?

[pitohui]

9. the article is unclear

if the condition was caused by starbucks, they need to pay -- they would pay if they violated OSHA guidelines for noise and hearing loss in heavy industry but for some reason, casinos, bars, restaurants, etc. can violate OSHA standards pretty much w. impunity and it ain't gonna change until some big money changes hands to employees made deaf by this crap

if she was hyperacute by a birth defect such as asperger's, i don't know what to say, because yeah that ain't starbucks fault but on the other hand not being able to work anywhere because of an illness you had at birth is pretty sucky too and it being a capitalist society with no way to eat or be housed or get health insurance w.out a job or suing someone well wtf is she supposed to do, curl up and die? we don't have a dole in this country

[Pavulon]

16. If you walk into a place that is producing

90 to 100 db would not be a pleasant place to be. What in starbucks produces that level of noise?

[orleans]

34. she mentioned the buzzing ovens--i will add the frapachino blenders n/t

[SpiralHawk]

37. Down with Frapachino Blenders !

The new cry of the proletariat !

[orleans]

78. YEAH! (what's a proletariat?) n/t

[Xithras]

71. I can't see hyperacusis being caused by workplace sounds. That would require painful levels.

My dad has hyperacusis and tinnitus, and he developed them after two decades of sport shooting without earplugs. Hyperacusis can either be caused by genetics, or by damage to the inner ear. Inner ear damage serious enough to cause it requires noise levels of 120 decibels or higher...we're talking explosions, gunshots, impacts, etc. No Starbucks is that loud.

[LiberalEsto]

4. My father lost his hearing

due to heavy noise at the factory where he worked.

There are federal regulations that require companies to protect workers from excessive noise. Why shouldn't someone at Starbucks be entitled to the same protection as someone operating heavy equipment, if there's an equivalent amount of noise?

[pitohui]

10. the federal regs aren't being enforced at casinos, bars, restaurants

it won't change until people esp. employees get on their hind legs and sue, in my humble opinion, at times i've experienced pain just from being a CUSTOMER in these venues

[LuckyLib]

21. True that. The stress of noise pollution is unacknowledged in our culture.

Public places are now so loud (grocery stores, retail businesses, coffee shops) that you can't hear yourself think. I leave many a place now, making it clear that I might have purchased something, but the noise drove me out. Voting with my feet.

[-..__...]

28. So...

just because you can't condition, train or discipline yourself to isolate yourself from outside noise, people, workplaces and environmental conditions, they should be required to accommodate your needs?

How charming.

[LiberalEsto]

46. How could my dad train himself

to isolate himself from the constant heavy machinery and truck loading noise at the factory where he worked in the 1950s and 1960s? He ended up losing nearly all his hearing and had to weara hearing aid till the day he died.

[lynnertic]

56. In a word, yes.

And you'd feel the same way too, if it were you. (Such empathy on this board today!)

May towns have ordinances against roosters, for example. LA tried to ban leaf blowers (but that was more of an effort to lessen air pollution vs. noise pollution).

[LiberalEsto]

45. Abercrombie & Fitch comes to mind

I used to have to go there once a year to get Xmas gifts for my daughters. They constantly blast deafening music. I think it's a scheme to keep parents out. Thank heaven my daughters have moved beyond the Abercrombie stage. I never want to set foot there again.

[YOY]

51. They also constantly sell cheap clothes at rediculous prices

Actually check the quality of the stuff they sell. It's crap. Trendy crap.

[AngryOldDem]

64. EXCELLENT example

I could not stand to be in there any longer than five minutes, and as I walked out I wondered how A&F could get away with that in terms of their employees. The noise there is beyond ridiculous and making anyone put up with it should definitely be an actionable offense.

And as I walked the around the mall, I noticed that it took awhile for my hearing to return to "normal."

[BlueJazz]

6. People should not have to work in a noisy, Ear damaging ...

environment unless they can wear ear protection...Which you CAN'T in a Restaurant.

[Thothmes]

39. Yes you can

While you probably could not get away with circulaural protectors, the light foam compressable ear plugs could be worn without interfering with your job.

[BlueJazz]

55. I meant if you had to hear orders and instructions all day long.

[Quakerfriend]

8. The real question is, Did she suffer loss of hearing/damage to

her hearing?

NOISE is a real problem in the workplace. I met a women who worked for Guinardi's food store and she lost hearing in one ear because of the buzzing sound made when the cash register is malfunctioning.

I recently returned to work in a hospital and I am amazed at the constant buzzing of alarms going off when patients get out of bed. These frequencies are bad for your ears!! I only understand this because my husband and I have a good friend who lost his hearing (almost completely) at the age of 28, after going to a concert.

Protect your ears and don't take them for granted!

[sam sarrha]

17. noise pollution can cause severe emotional and physical conditions, especially short loud high pitch

sounds..

[Pavulon]

13. DBs over 8hr?

only question. Her opinion is worthless and OSHA regs are very specific on this subject.

7 years, get a different job.

[provis99]

24. Get a different job?

How sensitive of you. So if I don't like car pollution (which I don't) I should just move where there aren't any cars (like Antarctica)? The bottom line is if her problems were caused by other people's pollution, she has every right to sue.

[LanternWaste]

68. Maybe OSHA's protocol on this is not quite perfect at this moment?

Maybe OSHA's protocol on this is not quite perfect at this moment?

Simply because a regulation is in place is no reason to assume that the particular regulation is the most well thought out, employee protecting regulation that could exist. Were that the case and all other things being equal, regulations would never need to change, yes?

7 years, sounds to me like she's pretty good at her job...

[Indy Lurker]

14. OSHA Rules are Clear

OSHA Permits 90 decibels (On an A-weighted scale) during an 8 hours day.

This is like having your ear 3 ft from a lawnmower for 8 hours.

anything less is not considered to be damaging.

I can't possibly imagine Starbucks has dangerous sound levels.

OSHA Code:
1910.95(b)(2)

If the variations in noise level involve maxima at intervals of 1 second or less, it is to be considered continuous.

TABLE G-16 - PERMISSIBLE NOISE EXPOSURES (1)
______________________________________________________________
|
Duration per day, hours | Sound level dBA slow response
____________________________|_________________________________
|
8...........................| 90
6...........................| 92
4...........................| 95
3...........................| 97
2...........................| 100
1 1/2 ......................| 102
1...........................| 105
1/2 ........................| 110
1/4 or less................| 115
____________________________|________________________________
Footnote(1) When the daily noise exposure is composed of two or
more periods of noise exposure of different levels, their combined
effect should be considered, rather than the individual effect of
each. If the sum of the following fractions: C(1)/T(1) + C(2)/T(2)
C(n)/T(n) exceeds unity, then, the mixed exposure should be
considered to exceed the limit value. Cn indicates the total time of
exposure at a specified noise level, and Tn indicates the total time
of exposure permitted at that level. Exposure to impulsive or impact
noise should not exceed 140 dB peak sound pressure level.

------------------------------------------------------------------------

Any employer that has employees outside of their immediate family are subject to OSHA rules.

Many business such as Starbucks are exempt from OSHA reporting requirements, but ALL employers are subject to OSHA rules and fines. Fines are typically $7000, per occurance, for first time violations.

[DRoseDARs]

19. Another way of putting it: 90dB is a jet plane at 300m overhead; hearing loss starts at 85dB...

For city dwellers in Los Angeles or New York City, or London, England, 90dB is what you get down in the subways. Like others, I seriously doubt the noise levels in a coffee shop get anywhere near that loud.

[RC]

23. Like I said in post #5...

Way too many people are clueless as to what loud noise does to them. It could very well get that loud with nothing to absorb the noise. The espresso machine in Barns & Nobel is painfully loud for me.

[Xithras]

72. Yep. 90db is the noise level of a lawnmower. I've never heard a Starbucks that loud.

Starbucks can be loud places, but they're not THAT loud. They wouldn't have any customers if they were.

[harmonicon]

25. I find this to be really interesting and wouldn't discount it.

If, as another poster has said, starbucks doesn't have to track this for osha, who's to say they weren't in violation? Ovens can be loud, especially the commercial type that make that irritating beeping noise (I think it has something to do with a timer), and the milk steamers are also quite loud. I think the main culprit could be the music. I've left coffee shops before because the music was so loud. A starbucks has never been the worst offender, but they're louder than a lot of others.

Even if osha guidelines weren't violated, I think there should still be a case if hearing loss was suffered at work. Labor laws do, and some times ought to change.

I'm a musician, so hearing is very important to me. When I was a kid my mom told me not to go to those loud rock concerts and to wear earplugs when I played in loud bands.... ha! no way - well, now I have lost some of my hearing (high frequencies mostly) and have occasional ringing in my ears.

My point - hearing should be taken more seriously. These comments wouldn't be so dismissive if an employee had suffered considerable loss of eyesight on the job, I suspect.

[-..__...]

27. a condition that makes people overly sensitive to everyday sounds

and she chooses to live in NYC. :eyes:

Girl... either find a new job or do the gene pool a favor and remove yourself from it.

[liberalhistorian]

30. Well, then, I guess you should be glad

for "freaks" like me who wear hearing aids, eh? Geez, why don't we ALL do you a favor and just die already. Sheesh. :eyes:

[orleans]

35. link? i'd didn't see where it said she chose to live there.

got a link? otherwise, don't even get me started on this idea of people who "choose" to be in a bad position/situation

[Voltaire99]

29. If you can't stand the noise of corporate people making and drinking corp-o-slop...

...get outta the corporate coffee shop!

Voltaire99: as always, corporate-coffee free. Leave it to the conformist poodles. :-)

[liberalhistorian]

31. I'm gonna be real uncool here and

just point out that this is one of those times when us "hearing challenged", or "hearing impaired" or "hearing un-abled" or whatever the hell new PC term they're calling us this week, people are glad to be so!

So, there's actually noise in a Starbucks? Hmmmm. Maybe one of these days I'll head on over to one and pop my hearing aids in to find out for myself what all the fuss is about. I just won't drink their coffee, though, as it tastes like burned liquid cardboard. :evilgrin:

[BlueIris]

32. Good luck to her. It's disturbing to read that Starbucks allowed an unsafe work environ to exist.

Makes me glad I stopped buying its shit in 2002.

[EFerrari]

40. I'm sensitive to noise and always wondered how anyone could work

at Starbucks.

[Buzz Clik]

41. Interesting. I'm not sensitive to most sounds (honking horns and barking dogs being the exceptions).

But tell me about your experience at Starbucks What is it about the place that you think is making the noise?

For me, and only at one local Starbucks, it's always been the employees themselves that generate the din -- "Doppio triple chocolate amaretto smoothie, dry and skinny!!!!" "No can do! We're outta cantaloupe!!!" That kind of thing. Sometimes they play music from their featured CDs, but never loud (except at the student union at our local institution of higher learning). There's the occasional blending of some frozen something. If you eliminated the hollering, it would be just another business. In fact, the Starbucks across town where my kid plays tennis, the atmosphere there is so calm that I'd love to spend an afternoon there just to escape.

Any idea what is the source of the noise that makes you uncomfortable?

[EFerrari]

44. Maybe a combo of their blenders, the grinders and the AC?

And, some of these stores have people every two feet behind the counter, so there seems to be always more than one person talking at the same time and in close proximity.

Some of these sites seem to be quieter than others and the season might have something to do with it. The one I went to in D.C. last January was quiet -- no one wanted a blended drink in that cold weather and people didn't seem to be asking for beans to be ground but just grabbing coffee to go.

[allisonthegreat]

49. what next suing for a caffine addiction n/t

[hedgehog]

50. I've wondered myself about a lot of retail establishments.

In industry, we're very aware of the hazards from noise. The typical store aimed at young people would not pass an OSHA review.

[Javaman]

54. If she had this condition to begin with, one would think

that it would have guided her to a more peaceful or quieter vocation.

[MilesColtrane]

58. I work in an environment in which OSHA standards have been occasionally exceeded.

The ONLY reason noise levels were reduced by management was because the workers were unionized.

We simply stopped working, until the problem was corrected.

[Scriptor Ignotus]

59. did it not occur to this woman to purchase ear plugs?

I don't think anyone should profit from their own stupidity.

[EFerrari]

74. Put on some ear plugs and try to take an order.

It always surprises me how quickly people like this lady get condemned as stupid before her situation is even thought through.

I'm not a big fan of these suits but she may be doing the present and future employees of Starbucks (not to mention, management) a big favor by making the company think about this issue.

[KansDem]

62. This is just part of the audio-visual clutter that goes along with our society...

I know this person is suffering from mechanical noise, but I can't help but believe it is permitted to continue because we've become insensitive to noise in general.

For example, I've been sensitive for some time to the noise we're all exposed to when we set foot out our front doors. I don't understand why CorpUSA needs to push TeeVee images and sound at us, but it does. I find such crap annoying and refuse to eat or drink at such places.

I don't mind listening to soft music that enhances the ambiance of a restaurant. But so often eateries will pipe in loud "Top Forty" that detracts from the environment. And TeeVee? PLEASE!!! If I wanted to watch the fucking TeeVee I'd stay and home and eat, and not spend $10, $20, or $30 or more.

It's just an example of how ignorant or uncivil we've become with regard to "polite" entertainment.

I just say "the Hell with it" and stay home...

edited for clarification.

[IronLionZion]

66. how about ear plugs?

I'm sensitive to loud noise and my first choice is usually ear plugs even if people will make fun of me.

[EFerrari]

73. How can you wear plugs and interact with a production line?

:shrug:

[IronLionZion]

76. Deaf people do it every day.

They take their orders written on paper or have the customer point to it on the menu. Where there's a will, there's a way.

For that matter, blind and physically challenged people do as well. I've seen a guy with no arms paint beautiful pictures by holding the brush in his mouth.

[EFerrari]

77. And it's not reasonable to ask someone who isn't disabled

to do that mainly because their employer isn't required to comply. Heck, it's hard enough for people with documented disabilities to get their employers to comply.

[Indy Lurker]

81. Actually they do have to comply

ADA requires employers to provide "reasonable" accommodations to someone with a disability.

Having a condition that made you susceptible to hearing damage at moderate volume would certainly qualify. Of course it would have to be a documented condition.

---------

In regards to the OP, there's no way it could be over 85 dB in a Starbucks, everyone would have to yell just to hear each other. The blender while it's running is probably about 85 dB to people who are standing 3 ft from it, but you would have to run it 8 hours straight to have the potential of causing damage to normal healthy adult or child.

FYI Decibels are measured at 1 meter (3 ft) when you move to being 6 feet away, the sound is only 1/4 of what is is at 1 meter (3 ft.)

[BellaLuna]

80. self - delete

never mind