SCOTTSDALE, AZ (PRWEB) August 23, 2006
Refer to Case 'CIV 05-2876-PHX-SRB' Spear et al v. Caremark RX, Inc. et al, for detailed case entries from the original filed complaint through the completed Discovery phase. http://www.ce9.uscourts.gov/
Caremark Rx, Inc., a Pharmaceutical PBM, is being sued by an employee for ADA Discrimination stemming from an illness that meets the criteria of the Americans with Disabilities Act (ADA), as amended 42 U.S.C. Sections 12101-12213; and the ARIZONA CIVIL RIGHTS ACT, A.R.S Section 41-1461, et. seq.
In addition, a charge of Intentional Infliction of Emotional Distress against the company where the company knowingly made it difficult for the employee to obtain ADA Reasonable Accommodations, among other things, was filed. The employee had suffered so much Emotional Distress that a Third Charge was filed against Caremark Rx for Loss of Consortium. Futhermore, (4)four EEOC Charges of Discrimination have been filed with the Phoenix branch where three charges are pending investigation. In addition, a fifth EEOC complaint is in fruition for another potential denial of a job transfer to a vacant equivalent position. It appears Caremark has blacklisted the plaintiff from any transfer or movement within the company.
In spite of these EEOC complaints, the company has continued to set the plaintiff up for failure by giving him tasks that is below his level as Sr. IT Analyst. Although the plaintiff has fully met his job requirements, as can be proven from his quarterly performance reviews, the company is continuing to inflict emotional distress by asserting the plaintiff is not meeting his essential job functions. The company has threatened the plaintiff they will no longer honor his future request for accommodation in spite of the numerous doctor's recommendations for continued ADA accommodation. This company is bullying the plaintiff by continuing to intentionally cause emotional distress from these threats and assertions. To view detailed lawsuit information please refer to http://www.ce9.uscourts.gov/
Case Discovery phase is complete; Dispositive motions are due by 12/8/06, and Motions in Limine are scheduled for 4/16/07. Jury trial date is scheduled for 5/8/07.
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Plaintiff(s) are represented by the Lawfirm
WILSON-GOODMAN & FONG
538 South Gilbert Road, Suite 101
Gilbert, AZ 85296
(480) 503 9217