Drug store chain Rite Aid has agreed to settle a disability discrimination lawsuit for $250,000, according to Equities.com. The Equal Employment Opportunity Commission (EEOC) filed the lawsuit after Rite Aid terminated Christopher Fultz, a pharmacy order picker in Maryland, when he filed a discrimination charge with the EEOC. Fultz claimed he was being denied promotions based on a disability he has, epilepsy.
The EEOC found in Fultz’s favor in his initial complaint. Rite Aid then forced Fultz to undergo a “fitness-for-duty” examination with an occupational health doctor who had no experience treating epilepsy patients. Rite Aid said that Fultz would be terminated if he did not comply. Rite Aid rejected all medical reports from Fultz’s physician, a neurologist and epilepsy expert at Johns Hopkins University Hospital.
“Rite Aid plainly violated the federal law which requires employers to make individualized assessments about a person’s ability to do the job instead of acting out of speculative fears or biases about people with disabilities,” said EEOC District Director Spencer H. Lewis.
This is a clear case of employer retaliation and Rite Aid’s actions are in direct violation of the Americans with Disabilities Act (ADA). Please visit our site for more information on discrimination, and contact our firm for a free consultation.
Kesluk, Silverstein & Jacob—Los Angeles disability discrimination lawyers.