November 21, 2019 – Today, Helmer Friedman LLP filed a lawsuit on behalf of a former Pharmacist for Torrance, California-based Pharmaco, Inc. and Premier Infusion Care alleging that the Company engaged in disability harassment and discrimination. A copy of the lawsuit — Los Angeles Superior Court Case No. 19STCV41854 – can be view here.
Among other things, plaintiff Dr. John L. Bowie alleges that, following a humiliating and degrading campaign of retaliation and harassment, he was fired for being a disabled stage IV cancer survivor. Dr. Bowie, a Pharmacist with over twenty years of practice treating and saving patients’ lives, alleges that the company and some of its employees relentlessly bullied and harassed him after learning that he was a survivor of colon cancer with digestive disabilities. In order to embarrass Dr. Bowie for his medical condition, some of his coworkers allegedly told him he had a “foul odor” and that he “stank,” placed advertisements for adult diapers on his desk, filled his office with the overpowering scent of air freshener, and giggled and smirked at his distress. The lawsuit further alleges that after Dr. Bowie was repeatedly and rudely confronted by Human Resources representatives with the false accusation that his digestive disability and colon cancer made him smell, the Company escalated their harassment to a truly shocking level, demanding that he begin to wear an adult diaper to work. According to the lawsuit, when Dr. Bowie, feeling bullied and in fear for his job, complied with this ridiculous and degrading request, a representative for Human Resources then forced him to show her his diaper by pulling down his pants for her and lifting it out of his waistband. Dr. Bowie alleges that he was emotionally devastated by his treatment at the hands of his coworkers.
Dr. Bowie’s Complaint For Damages alleges that he repeatedly asked the company to provide him a reasonable accommodation for his disability and to address the severe harassment he was experiencing. Instead, the lawsuit alleges, rather than taking remedial action or accommodating him, the company abruptly fired him just days after his most recent request for accommodation and help.
The lawsuit also alleges that Pharmaco, Inc. and Premier Infusion Care fired Dr. Bowie because he made complaints to the company that it was not complying with various guidelines to ensure the safety and efficacy of the prescription drugs that it was compounding and that the company was sending out prescriptions for large
amounts of IV diphenhydramine.
Commenting about the lawsuit, Andrew H. Friedman, founding partner of Helmer Friedman LLP, stated: “California employers need to be aware that the law of this state requires them to take reasonable steps to accommodate employees with disabilities and medical conditions so that they have the same access to employment as anyone else.”
Helmer Friedman LLP is seeking witnesses who may be aware of the manner in which Pharmaco, Inc. and Premier Infusion Care treated Dr. Bowie and/or other employees with disabilities.
Documents:
Press Release – Cancer Survivor Suing Pharmaco, Inc. and Premier Infusion Care for Disability Harassment, Discrimination, and Wrongful Termination.