Pharmacist seeks $3.5M from CVS over alleged discrimination

Michelle Massey, East Texas Bureau Mar. 11, 2010, 3:00am

John Morgan

A CVS pharmacist alleges his employer discriminated against him because of his disability, then terminated him for complaining about the discrimination. He is suing the pharmacy chain for $3.5 million.

Tony Mumfrey filed suit against CVS Pharmacy Inc., Mike Conney, Gary LeBlanc and Douglas Jenney on Oct. 14, 2009, in the 58th Judicial District Court of Jefferson County. Defendant CVS Pharmacy removed the case to the federal court in the Eastern District of Texas, Beaumont Division.

Although he was told he was fired for mishandling a prescription, Mumfrey claims CVS Pharmacy "discriminated against him, denied him reasonable accommodations and retaliated against him on the basis of a disability." Mumfrey does not state how he is disabled.

The plaintiff alleges the store manager and his supervisors interfered with his employment and made defamatory comments.

Mumfrey testified that the defendants committed defamation by issuing written disciplinary reprimands and classifying him as ineligible for re-hire.

CVS Pharmacy denies the allegations and argues that Mumfrey "does not have and never has suffered a physical or mental impairment that substantially limits a major life activity."

The plaintiff is seeking more than $3.57 million for lost wages, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, attorney's fees and punitive damages.

The plaintiff is also asking for reinstatement in his former position or for front pay.

Mumfrey is represented by Beaumont attorney John M. Morgan of the Harris, Duesler and Hatfield LLP.

U.S. District Judge Thad Heartfield will preside over the litigation.

Case No 1:10cv00124

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