Pharmacist files disability discrimination after losing job

Michelle Keahey, East Texas Bureau Jan. 2, 2012, 10:44am

A pharmacist has filed a discrimination suit against her former employer claiming that she was terminated after requesting an accommodation for her disability.

Juanita Gilbert filed suit against CVS Pharmacy Inc. on Dec. 12 in the Eastern District of Texas, Beaumont Division.

Gilbert was hired by CVS Pharmacy in 1999. At the time of her termination, she was a pharmacist in-charge.

According to the lawsuit, Gilbert explained to her supervisor that she suffered from a disability in August 2009 and requested an accommodation for her disability. Although she received her requested accommodation, Gilbert states that her supervise began a pattern of harassment and retaliation against her and was terminated on Jan. 3, 2011.

The defendant is accused of discrimination on the basis of Gilbert's disability in violation of the Americans with Disabilities Act, unlawful retaliation and unlawful termination as a result of opposing and discriminatory practice of CVS.

The plaintiff is seeking an award of actual damages for lost wages, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, punitive damages, statutory damages, reinstatement or front pay, attorneys' fees, and court costs.

A jury trial is requested.

Gilbert is represented by John M. Morgan of Harris, Duesler & Hatfield in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:11-cv-00708

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