February 17, 2013
Court Boosts Claims by Fired Pharmacist Unable to Give Flu Shots Because of Arthritis
A grocery store chain that fired a pharmacist whose rheumatoid arthritis left her unable to give flu shots to customers failed to prove that the former employee could not perform her job's essential functions. (Scavetta v. King Soopers Inc., D. Colo., No. 1:10-cv-02986, 1/28/13).
Significantly, plaintiff's supervisors did not force her to give the shots until more than a year after they became aware of her medical restrictions and that King Soopers allowed at least 10 other pharmacists to avoid administering immunizations because of similar conditions.
Mitchell H. Rubinstein