Rite Aid Corp. will soon appeal a $2.6 million jury award for a pharmacist who is afraid of needles, according to recent court filings.
A federal jury determined in January that the pharmacist’s phobia was a disability covered by the Americans with Disabilities and that he was fired because of that fear.
Christopher Stevens, who had worked as a pharmacist for Rite Aid and its predecessor since 1997, alleged in a lawsuit that Rite Aid failed to accommodate his disability and then fired him because of it.
In 2011, Rite Aid began offering immunizations to customers. Stevens gave his employer a doctor’s note stating that he has trypanophobia, or a fear of needles, and could not administer injections. He explained that when he has undergone procedures involving needles, he experiences profuse perspiration, low blood pressure, pallor and anxiety. Rite Aid replied with a few questions, which Stevens’ doctor answered, explaining that he could not administer injections because his phobia would make doing so unsafe for both him and customers.
Several weeks later, Rite Aid informed Stevens that unless he obtain a medical release stating that he could attend and complete the mandatory immunization training, he would be fired.
Stevens protested, again citing his impairment. He requested that the employer provide him with an accommodation and noted the close proximity of other Rite Aid pharmacies available to give immunizations.
The company fired him and he filed a charge with U.S. Equal Employment Opportunity Commission. The parties participated in conciliation but Rite Aid refused to reinstate him, according to his complaint, so he sued.
In his complaint, Stevens alleged that Rite Aid failed to accommodate him by removing a marginal job function from his duties. Stevens argued that since he began working for Rite Aid, the ability to provide immunizations to customers was not a job requirement and was never part of his job duties. In addition, Rite Aid revised its job descriptions in 2011 and none of his 16 essential responsibilities included administering injections.
He also alleged that Rite Aid fired him because of his disability and retaliated against him for requesting an accommodation.
A jury found that Stevens was a qualified individual with a disability and was fired based on that disability, in violation of the ADA. It also agreed that Rite Aid retaliated against him. It awarded him $485,633 in back pay, $1,227,188 in front pay and $900,000 in non-pecuniary damages. It did not, however, award him any punitive damages.
Rite Aid has now informed the 2nd U.S. Circuit Court of Appeals that it will appeal the ruling (Stevens v. Rite Aid Corp., No. 15-277, 15-279 (2nd Cir., Feb. 27, 2015)).
For more information on accommodations for workers with disabilities, see Thompson’s HR Compliance Expert