Pharmacist wins age discrimination case against CVS

November 21, 2013

After celebrating his 65th birthday at the beach, pharmacist Roger Harris returned to his Anniston, Ala. workplace to find a surprise waiting for him: He had been fired and replaced by a 27 year-old.

After celebrating his 65th birthday at the beach, pharmacist Roger Harris returned to his Anniston, Ala. workplace to find a surprise waiting for him: He had been fired and replaced by a 27 year-old.

Harris sued CVS Caremark, alleging the retail chain violated the federal Age Discrimination Employment Act when it fired him in 2009. And after a two-week jury trial before U.S. District Court Judge Virginia Hopkins, a federal jury agreed with Harris and awarded him $400,000 in back pay. Harris could be eligible for an additional $400,000 in damages. Judge Hopkins has yet to rule on damages.

"The termination document was dated August 13, 2009," said Kenneth Haynes, Harris’ lawyer, told the Birmingham News. "He was celebrating his 65th birthday at the beach. When he returned to work he was informed on August 17, 2009 of his termination."

A CVS spokesman said the chain is considering an appeal.

"We respect and appreciate the jury's effort in reviewing this case, but we strongly disagree with their decision," Mike DeAngelis, CVS Caremark’s director public relations told the newspaper. "CVS Caremark has a firm non-discrimination policy, and we do not tolerate discrimination in our workplace on the basis of age or any other legally-protected trait.  We are considering our options for appeal."