Pharmacy Recruits Employees With Hemophilia, Then Makes Them Use Pharmacy to Fill Meds

In an almost unbelievable case, a Denver pharmacy was charged by the Equal Employment Opportunity Commission (EEOC) for deliberately hiring employees with hemophilia and then pressuring them to use the pharmacy to get their expensive medications and firing them if they didn’t.

Just the Facts

According to the lawsuit filed, Factor One Source Pharmacy, a specialty pharmacy, asked job applicants whether they or their family members had hemophilia, and what medication they take. Once hired, the pharmacy would then pressure the employees who had hemophilia to use the pharmacy’s services for the costly medications needed to treat the disease. Employees who refused to use the pharmacy were fired or laid off, but those who cooperated and used the pharmacy for their medication kept their jobs, even if they had poorer performance reviews than those fired. Eventually, a group of employees reported this to the EEOC who investigated and concluded that the pharmacy had violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by asking about employee disabilities and genetic information, and pressuring employees to use its services.

The EEOC filed suit against the pharmacy in the US District Court for the District of Colorado. In the meantime, the pharmacy was purchased by new owners.

Resolution

The new pharmacy owners decided to settle the case. They agreed to pay $515 000 and agreed not to take adverse employment actions against employees based on their decision not to use the pharmacy. The pharmacy owners also agreed to train employees on the ADA and GINA, to survey employees on their workplace treatment, and to never hire the previous owners of the pharmacy.

The Bottom Line

It should be obvious that job applicants and employees shouldn’t be asked about disabilities or diseases that they or their family suffer from, or forced into a choice of using the company pharmacy or losing their job.

“Employers need to know that federal laws can prohibit discrimination based on familial connections,” said Amy Burkholder, field director of EEOC’s Denver Field Office, in a statement. “For example, GINA broadly prohibits acquisition of family medical history, while the ADA prohibits discrimination based on an employee’s relationship or association with an individual with a disability.”

Reference

Factor One Source Pharmacy to Pay $515,000 to settle EEOC Disability and Genetic Information Discrimination Suit. News release. US Equal Employment Opportunity Commission. Published June 14, 2024. Accessed July 26, 2024. https://www.eeoc.gov/newsroom/factor-one-source-pharmacy-pay-515000-settle-eeoc-disability-and-genetic-information