Walgreens
ORLANDO – A former pharmacy technician for Walgreens contends his employment was terminated due to his disability and accommodation requests.
Plaintiff Daniel Amos filed his lawsuit in U.S. District Court for the Middle District of Florida, Orlando Division. His suit names Walgreen Pharmacy Services Midwest LLC as the defendant.
In his 17-page complaint, Amos contends Walgreens violated the federal Family and Medical Leave Act, or FMLA; the Americans with Disabilities Act, or ADA; and the Florida Civil Rights Act, or FCRA.
“Defendant’s termination of Plaintiff stemmed from its discriminatory animus toward his disability and request for accommodation under the ADA/FCRA,” the lawsuit states.
Amos worked for Walgreens as a pharmacy technician from February 2016 until his termination in July 2024.
He claims he was “an excellent employee” who had no significant history of non-ADA, FMLA, or FCRA related attendance, performance, or disciplinary issues.
According to his suit, Amos suffers from olfactory reference syndrome, or ORS, a disorder related to obsessive compulsive disorder.
ORS is a psychiatric condition characterized by the persistent and false belief that one emits a foul or offensive body odor, according to the National Institutes of Health, or NIH.
These perceived odors are unnoticeable or only slightly noticeable to others, but for those with ORS, they cause extreme distress and often severely disrupt daily life, according to NIH. Often those suffering from the disorder engage in repetitive grooming, such as excessive showering, brushing teeth, or laundering clothes.
In December 2023, Amos applied and was later approved for continuous FMLA leave starting Jan. 25, 2004.
Specifically, he was approved for FMLA leave from Jan. 25, 2024 through April 17, 2025, and also approved for Walgreens’ non-FMLA medical leave from Jan. 25, 2024 through Sept. 20, 2024, according to his complaint.
“During this time, Plaintiff did all he could to keep Defendant and Sedgewick, its third-party benefits provider, appraised [sic] of his medical condition and desire to return to work once he was able to do so,” the lawsuit states.
Amos alleges that suddenly, on July 19, 2024 – while he was still on approved medical leave – Walgreens notified him that he had been fired effective immediately due to alleged “no call, no show” instances.
Walgreens later rescinded his termination in December 2024, claiming the decision was due to an “administrative mistake.”
However, Amos claims that after rescinding its decision, Walgreens refused to schedule him for any shifts, greatly limited his access to the pharmacy’s system, and failed to restore him to his previous position in regard to benefits and pay.
“It is clear that Defendant terminated Plaintiff because he suffered a disability/serious health condition, and required reasonable, non-burdensome accommodation and/or FMLA leave for same,” the complaint states. “Any other ‘reason’ theorized after the fact by Defendant for its termination of Plaintiff’s employment is pure pretext.
“Defendant did not have a legitimate, non-retaliatory reason for its actions.”
Amos contends Walgreens treated him “less favorably” because of his disability and disability-related need for medical leave.
“Plaintiff’s protected activity, and his termination, are causally related,” the suit states.
Amos filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission and Florida Commission on Human Relations prior to filing his lawsuit in federal court.
He seeks actual and compensatory damages, including but not limited to front pay, back pay, emotional distress damages, and punitive damages as well as attorney fees.
Richard Celler Legal PA in Plantation, Florida, is representing Amos in the action.
