Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act.
Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit alleges. “This policy discriminates against disabled employees because it screens out or tends to screen out qualified individuals with disabilities, i.e., who have been addicted to alcohol or drugs, and/or have a record of chemical or alcohol dependency, and who have successfully participated in a supervised rehabilitation program,” it says.
James Bryan, the lead plaintiff, is licensed by Washington state to work as a pharmacist. When he became addicted to prescription drugs, the state’s Board of Pharmacy suspended his license and required him to complete a supervised rehabilitation program. He completed the program and his license was reinstated, with the caveat that he inform all potential employers about the suspension. He informed Wal-Mart at the beginning of his employment but several years later, when it instituted the policy, it fired him.
The suit seeks back pay, front pay and punitive damages for a nationwide class of similarly situated employees and applicants. It also seeks an injunction to stop Wal-Mart from implementing the policy.
The suit, Bryan v. Wal-Mart Stores, Inc. (No. 3:13-cv-05934-RBL) was filed Oct. 18 in the U.S. District Court for the Western District of Washington.
ADA prohibits discrimination against individuals who were addicted to illegal drugs, provided they are completing or have successfully completed a rehabilitation program and are not using illegal drugs.
See ¶211-5 of the ADA Compliance Guide for more information.