Woman wins lawsuit against Rite Aid

ELLSWORTH – A former Steuben woman who claimed she was fired unjustly because of a medical condition won a disability discrimination lawsuit this week against one of the nation’s largest pharmacy chains.

A jury in Hancock County Superior Court reached a verdict Wednesday, siding with Gloria Pinkham, 52, in her civil case against the drugstore firm Rite Aid.

The jury recommended awarding the woman $142,000 in punitive damages.

Pinkham, who now lives in Ohio, worked as a cashier at the Ellsworth Rite Aid store from June 2001 to March 2002, when she was fired.

She was told the reason for her termination was because she was unable to perform essential functions of the job, specifically raising heavy security shades and unloading totes containing merchandise, according to court documents.

Pinkham’s attorney, A.J. Greif of Bangor, said his client had developed a medical condition known as fibromyalgia after suffering a serious injury. He said she had told the store’s manager about her condition. Fibromyalgia is a chronic pain illness characterized by musculoskeletal aches and stiffness.

During the hiring process, Pinkham explained that, due to her condition, her activities would be restricted. She was hired anyway, Greif said.

“She took her same restrictions to another employer a few months after she was fired and they were quick and easy to accommodate,” Greif said.

A spokeswoman from Rite Aid headquarters in Harrisburg, Pa., said the decision would be appealed, but declined to comment further. “It’s our policy not to comment on any open cases and this is still considered an open case,” the spokeswoman said.

Rite Aid’s attorney for the case, Anne Carney of Portland, could not be reached Thursday for comment.

Greif said he was pleased with the decision and added that he hopes it’s a wake-up call for large employers.

The case began in Hancock County Superior Court, then went on appeal to the Maine Supreme Judicial Court in February. It was sent back to Hancock County after the justices unanimously decided that disputed facts in the case needed to be decided by a lower court.

The trial lasted three days this week. The jury deliberated for nearly four hours before siding with Pinkham.