Prewitt v. Walgreens Co.

92 F. Supp. 3d 292, 2015 U.S. Dist. LEXIS 19633, 2015 WL 712787
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 19, 2015
DocketCivil Action No. 11-02393
StatusPublished
Cited by7 cases

This text of 92 F. Supp. 3d 292 (Prewitt v. Walgreens Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prewitt v. Walgreens Co., 92 F. Supp. 3d 292, 2015 U.S. Dist. LEXIS 19633, 2015 WL 712787 (E.D. Pa. 2015).

Opinion

MEMORANDUM

STENGEL, District Judge.

Rodney Prewitt was employed as a pharmacist at Walgreens. He was demoted and then terminated after voicing a moral objection to vaccinating customers. He claims Walgreens discriminated and retaliated against him because of his age. Walgreens now moves for summary judgment. For the reasons explained below, I will grant this motion and enter judgment in favor of Walgreens.

I. BACKGROUND

On August 21, 2006, Rodney Prewitt was hired by Walgreens as a full-time salaried pharmacist.1 He was 57 at that time.2 He [295]*295was assigned to work at the Walgreens store in Oxford, PA on either the day or evening shift.3 The Oxford store is about eight miles from the plaintiff’s home.4 At the Oxford store, Mr. Prewitt was one of two full-time pharmacists, the other being Karen Schneider.5 Prewitt and Schneider rotated shifts bi-weekly so that weekend shifts were covered.6 A third pharmacist Ann Green worked part-time.7 Typically, two of the three pharmacists worked each day with their shifts overlapping between 2:00 p.m. and 4:00 p.m.8 Only two shifts were available for pharmacists at the Oxford store to work because the store was not open twenty-four hours like other Wal-greens stores.9

a. Prewitt’s Moral Objection to Immunizing

In or around 2009,' Walgreens began offering customers the flu vaccine, among others, at the Oxford store.10 The plaintiff was morally opposed to administering the flu vaccine because a close friend of his had contracted Guillain-Barre .Syndrome after receiving a flu vaccine.11 His friend become paralyzed and died of complications from the disease.12 The plaintiff believed that there was .medical evidence to [296]*296substantiate such risks of flu vaccines.13 He did not want to be responsible for putting his patients at risk.14 The plaintiff voiced his objection to his store manager.15 He was permitted to not administer flu vaccines.16 When customers asked for an immunization, he would refer them to another pharmacist or tell them when an immunizing pharmacist was available.17

b. Walgreens Immunization Program 2010

In 2010, Walgreens made a business decision to provide flu shots during all hours at every one of its stores nationwide. Walgreens planned to heavily market this availability.18 As a result, Walgreens required all pharmacists to become certified to immunize and to perform flu immunizations for the 2010 flu season.19 Prior to that time, Walgreens had not required all of its pharmacists to be certified to administer immunizations.20

On May 24, 2010, Walgreens enacted a Vaccination Standing Order Protocol.21 The Protocol was essentially a large-scale prescription which allowed certified pharmacists to administer twenty different vaccines including the flu vaccine in Wal-greens stores.22 As part of the certification process, pharmacists were required to successfully complete an immunization training program.23

On July 15, 2010, Walgreens informed employees that it planned to expand its flu and pneumonia vaccination program to stores nationwide.24 Flu and/or pneumonia vaccines would be offered daily beginning in September. In preparation for the expanded service, employees were expected to complete the required training course by August 15, 2010.

During the summer of 2010, Walgreens disseminated a new Immunizer Policy (2010 IP) to employees.25 The 2010 IP explicitly stated that all pharmacists were expected to become certified to immunize and to perform all immunizations.26 The Policy became effective September 1, 2010. The policy stated, inter alia, that “[attempts to provide reasonable accommodation will be made for any pharmacist who provides medical certification of a condition that prevents him or her from performing immunization duties.” These reasonable accommodations included, but were not limited to, transfer to a vacant non-immunizer position/shift or assignment as a “floater pharmacist.” A non-immunizer shift was described as “any shift designated by Walgreens as not requiring at [297]*297least one immunizer pharmacist on duty all or part of the shift.” “These will be handled on a case-by-case basis between the affected pharmacist and their pharmacy supervisor.” Any person requesting an accommodation was required to submit medical documentation explaining the condition and accommodation to his/her supervisor.

On August 17, 2010, Walgreens issued a press release announcing that immunizations would be “available at Walgreens every pharmacy and Take Care Clinic nationwide, every day, during nearly all pharmacy and clinic hours — with no appointment necessary.”27 Other correspondence to employees in August made clear that Walgreens planned to market the readily available flu vaccine to customers.28

c. Scheduling during the 2010 Flu Season

The immunization certification took several weeks to be processed by the state of Pennsylvania.29 Walgreens allowed many pharmacists to work though they were not certified before the September 1, 2010 deadline.30 At certain times during the 2010 flu season, Walgreens did not have enough immunizing pharmacists to cover all shifts between 8:00 a.m. and 10:00 p.m. in all stores.31 As a result, Walgreens did not offer vaccinations at certain stores in Pennsylvania during certain times.32 Signs were posted to alert customers to the unavailability of immunizations during those times and information about when immunizations would be available.33 Sometimes, certain Walgreens stores scheduled customers for vaccination appointments when immunizing pharmacists would be available.34 Customers were also referred to other Walgreens stores where immunizations were available.35 To allow for expanded immunizations, Walgreens also hired additional pharmacists in its Pennsylvania stores.36

[298]*298d. Plaintiffs Conscience Objection and Change in Job Status

After learning of the 2010 IP, the plaintiff informed his District Pharmacy Supervisor Phillip Anderson of his moral objection to administering flu vaccines. Anderson oversaw the enactment of the 2010 IP at several Walgreens stores, including the Oxford store. The plaintiff told Anderson that he was willing to become a certified immunizer, but he objected to immunizing as a matter of conscience.37 The plaintiff signed up for the required certification course in August 2010.38 However, he asked to continue working full-time as a non-immunizing pharmacist.39

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Bluebook (online)
92 F. Supp. 3d 292, 2015 U.S. Dist. LEXIS 19633, 2015 WL 712787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prewitt-v-walgreens-co-paed-2015.