The Equal Employment Opportunity Commission (EEOC) announced the simultaneous filing and $70,000 settlement of a disability discrimination lawsuit brought against Gemmel Pharmacies Inc., doing business as B&B Pharmacy, on behalf of a pharmacist who was denied a reasonable accommodation and fired due to his disability.
According to the Equal Employment Opportunity Commission, the pharmacist was hired at B&B Pharmacy in Bellflower, California in January 2007. The pharmacist was known to have severe diabetes, including renal failure. In August 2007, the pharmacist learned that a donor kidney had become available for him, requiring an immediate kidney transplant. He quickly advised B&B management of the impending surgery and his need for two to three months of unpaid leave of absence to recover. Instead, according to the EEOC, B&B Pharmacy fired and replaced the pharmacist instead of giving him reasonable accommodations. This is an example of a wrongful termination.
Most California employees are "at-will" employees. This means they may be terminated by their employers with or without cause, with or without prior notice. By the same token, "at will" employees may resign from their employment with or without cause, with or without prior notice. There are a few exceptions to "at will" employment, including the following: (1) Where the employee has an employment contract for a specified period of time; (2) Where the employer, by its own conduct, has essentially nullified an employee's "at will" employment status by making certain statements, promises, or representations; and (3) Where the employee engaged in certain legally-protected conduct.
Examples of Legally-protected Conduct:
•An employee may not be lawfully terminated for legitimately reporting sexual harassment (See also "Retaliation");•An employee may not be lawfully terminated for participating in an investigation into allegations of unlawful discrimination or harassment;
•An employee may not be lawfully terminated for filing a worker's compensation claim;
•An employee may not be lawfully terminated for "blowing the whistle" on certain unlawful conduct (See also "Whistle-blowing");•An employee may not be terminated for complaining internally about not receiving overtime pay, proper rest breaks or lunches, or proper wages;
•An employee may not be terminated for filing a complaint with a governmental or administrative agency, such as the Labor Board or DFEH
As part of the settlement, the parties entered into a three-year consent decree which provides $70,000 in monetary relief for the pharmacist and designates an equal employment opportunity (EEO) coordinator. The EEO coordinator will revise the company's policies and procedures to comply with the Americans with Disabilities Act (ADA), particularly with respect to administering reasonable accommodations; train all employees on the policies; track future reasonable accommodation requests and ADA complaints; and submit annual reports to the EEOC on the handling of such requests and complaints.
As you can see, this was a life-and-death situation for this pharmacist that could have been handled in a much more reasonable manner that would have been fair to both parties and also avoided the wrongful termination lawsuit.
Our Orange County, California Law Firm handles cases similar to this one on a daily basis. Our Orange County experienced employment attorneys know how to litigate wrongful termination cases. It is important when hiring an attorney that you hire one who has an understanding of the laws as they relate to wrongful termination and discrimination. If you or anyone you know has been wrongfully terminated or would like to know more information, please contact Orange County Employment Lawyers, Duvel & Duvel, PLC. At our Tustin, California office at (714) 542-5100 or at www.duvel-law.com
