Second Circuit Denies Needlephobic Pharmacist’s Rehearing Request
Time 1 Minute Read

In a previous post, we discussed the Second Circuit’s opinion finding that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations.  The plaintiff requested that the Second Circuit rehear the case, arguing that it should consider additional evidence.  Without discussion, the Second Circuit denied the plaintiff’s request, upholding its prior decision.  The pharmacist was not protected under the Americans with Disabilities Act because he could not perform an essential function of the job—administering immunizations—and there were no accommodations that would have permitted him to perform that function.

  • Partner

    Kevin is co-chair of the firm’s labor and employment team and co-chair of the firm’s Retail and Consumer Products Industry practice group. He has a national practice that focuses on complex employment litigation, employment ...

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