Carol Devivo is described as "a white, 49 year old female with a disability." The disability is a heart condition that prevents her from lifting and driving and limits her ability to stand for prolonged periods of time.
According to the complaint, Devivo provided CVS with a note from her doctor requiring her to take "seated breaks" every two hours. CVS denied this accommodation, the complaint states.
Devivo was terminated and replaced with a "non-white, Arab, younger employee without a disability."
(The complaint states that the conversation regarding the seated breaks occurred on March 1, 2007 but it also states that Devivo was terminated on February 21, 2007.)
Read the complaint after the jump.
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3 Comments
LeeS773 said:
She's a pharmacy technician... not a pharmacist. Pharmacy technicians run the cash registers, pull bottles of pills and count them out in preparation for the pharmacist, keep shelves stocked etc...
I believe the family leave act requires an employer of this size to give a 6 month leave of absence when an employee has a qualifying event.
I find it interesting if she can prove that this is not a case of discriminiation based merely on her disability but is in essence discrimination of her disability based on her race and age. Seems to be a tough line to prove.
I find it odd that lifting is not also a reasonable expectation of a pharmacy tech... if they don't do the lifting of deliveries of boxes of medications who does?
Jennifer Fernicola Ronay said:
Thanks for that, Lee!! Made that correction. Appreciate it and appreciate your comment.
resjudicata said:
discrimination based on disability is possibly a reason, but they could have replaced her with black, white, brown or polka dot. there's no reason to believe that it was because the replacement was arab, unless they specifically said so.
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