On Tuesday, February 28, 2012, the US District Court (C.D. Cal.) granted KHK’s motion for summary judgment in a disability discrimination case (Dam v. Rite Aid) involving Rite Aid’s termination of a pharmacist who “hired” his cousin, a pharmacist technician, as a volunteer to help out at his store on a weekly basis. The Court agreed with and Laura Clark, who argued that no evidence of pretext could exist, since the suspension and termination decision (although not communication of the decision) were made before plaintiff’s “disability” arose. Interestingly, the “disability” was alleged, in part, to have been brought on by the very investigation and suspension that eventually led to plaintiff’s termination.
The Court rejected Plaintiff’s claims of “pretext”, and granted the motion a few days before the scheduled oral argument and about 6 weeks before the scheduled trial date. Read the Order Granting MSJ.