"This is a great day for justice for the little guy. I only hope this demonstrates to all people living with HIV/AIDS in California that they do have recourse when they are discriminated against." Greg Daniels, ALRP Client

Greg Daniels started working at CVS Pharmacy as a stock clerk. CVS catered to customers with HIV/AIDS, filling their needs for special items such as nutrition products and herbal supplements. Through long, hard work, Greg rose to be store manager, taking on important tasks such as stocking the pharmacy and scheduling employees.

For a long time, Greg fit in comfortably, supervising the other clerks and getting along well with the pharmacists that worked there. Greg was a true asset to CVS, as he was knowledgeable about what needed to be done to keep the pharmacy running smoothly to best serve their clientele and always accomplished his tasks efficiently. His ideal work environment was shattered when an individual was brought in as senior supervisor who was a “very mean spirited person,” and who, unfortunately, seemed to have it out for Greg.

Because Greg was HIV+, he became very fatigued from working so much, and his doctor recommended that he work less to keep his immune system as intact as possible. In three separate memos, Greg informed CVS months in advance of his need to reduce his schedule from five days to four, and picked the day of week that the pharmacy was best able to manage his absence.

Angry with Greg, the supervisor refused to approve Greg’s request for reduced work hours, telling him that he hadn’t filled out the proper paperwork. There was some extended back and forth during which Greg had trouble securing the correct forms from his supervisor. Finally, Greg himself called CVS Human Resources at their headquarters in Rhode Island, attempting to acquire the appropriate paperwork, but instead was sent only a general package about benefits.

By this point, Greg was the longest-term employee at the store. He finally came to a crisis when he realized his request for a reasonable accommodation for a reduced work schedule would not be granted. Believing his health – and indeed his life – was in danger, Greg quit.That he would leave a job without securing alternative health insurance or benefits showed how desperate he was to protect his health.

Greg was referred to ALRP at a seminar put on jointly by the San Francisco Human Rights Commission and the Positive Resource Center, where he found out that California’s employment discrimination laws were even stronger than federal laws. ALRP Panel attorneys Barry Willdorf and Laura Stevens helped Greg take his case to court, where, after more than two years of litigation, he prevailed. Greg was awarded damages to help him recover his lost wages and to balance any income tax burden he would incur from the lump sum distribution, as well as for the tremendous distress the case caused him. The award also required that CVS pay all court costs and attorneys fees, and ALRP received a significant tithe from our Panel attorneys.

It’s nice to know that sometimes the good guy does still win.

Story by Nancy Coleman Consulting. Photography by Mark Rogers Photography.