Nature of Covid Mask Request Response Is Focus of Court Debate

[TallGuyJohninBKK]

 

 

Nov. 9, 2023

 

"Judges on a federal appeals court panel wrestled with whether management at a Texas pharmacy created a hostile work environment by berating and insulting a worker with asthma who asked to wear a mask to protect against Covid-19.

...

The dispute centers on a recorded exchange at the beginning of the pandemic in 2020 between pharmacy technician trainee David Calzada, who had asked for and been denied permission to wear a mask, and two managers. One supervisor repeatedly threatened to fire Calzada, calling him a “disrespectful, stupid little kid” and saying he was acting in a way that gets kids “locked in their rooms for a while or even spanked.”

 

https://news.bloomberglaw.com/daily-labor-report/nature-of-covid-mask-request-response-is-focus-of-court-debate

 

 

Texas... yeesh! 

 

As the article recounts, the case is being brought by the federal Equal Employment Opportunity Commission. And the article noted that the agency is seeking to revive its disability discrimination lawsuit against the pharmacy company after it prevailed in the lower court. At issue is whether a single incident, such as the one above that led to the subject employee quitting, as opposed to a pattern of discriminating behavior, can trigger a valid finding of having created a hostile work environment.

 

[simon43]

"Boss, I broke my leg and have to use crutches"

 

"No way!!  You can't use crutches in my store - crawl on the floor if necessary..."

 

I hope the shop is sued for millions.

[impulse]

2 hours ago, simon43 said:

"Boss, I broke my leg and have to use crutches"

 

"No way!!  You can't use crutches in my store - crawl on the floor if necessary..."

 

I hope the shop is sued for millions.

 

After first reading the OP, I'd have agreed with you.  Until I read the summary judgment that's being appealed.  Apparently, he was initially told he couldn't wear a mask by his onsite supervisor, but after corporate got further involved, he was allowed to wear one.  But he was so upset by the experience that he quit.

 

I'd have to get the transcript (or the recording itself) of the heated conversation that apparently happened after they told him he could wear a mask.  That's when they called him out on his attitude.

 

I suspect there's some crappy supervising going on, perhaps with some previous history.  But it doesn't look to me like a $$$ million beef.  Had they fired the guy, I'd have agreed.  But he quit after they made the accommodation he requested. 

 

Looks like his beef isn't about the mask, but the way he was treated.  A common complaint in Texas (my home state), where a lot of supervisors are wannabe Hitlers.  But that's just part of life, and often the incentive to go to college so you don't have to work for idiots like that.

 

https://www.bloomberglaw.com/public/desktop/document/EqualEmploymentOpportunityCommissionvUSDrugMartIncDocketNo321cv00/2?doc_id=X6J9QSUBBPH8IQA2M4RFRSL70FC