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Sunday, September 22, 2024

Pharmacy tech accuses Walgreen's of racial discrimination, constructive discharge

State Court
Wal

CHARLESTON – A Black man says he was the victim of racial discrimination while working at Walgreen’s.

Dwight Ford filed his complaint in Kanawha Circuit Court against Walgreen Co. and Rashelle Stiltner.

According to the complaint, Ford worked as a pharmacy technician at Walgreen’s in Charleston from May 2022 to December 2022 when he says he was constructively discharged.

During that time, he says he was subjected to “an ongoing pattern of unwelcome conduct by white co-workers,” according to the complaint. That included refusing to train him as directed, ignoring him when he tried to speak or interact with them, speaking down to him in a “very derogatory and rude manner,” snatching objects from his hands and treating him as a less worthy employee than white co-workers.

Ford says these co-workers treated other persons of color in similar fashion, and he says he perceived this conduct was motivated by race. Because of the adverse treatment, Ford says he agreed to a job realignment so his hours were split between the pharmacy and the front end of the store.

When he did that, Ford says he no longer was scheduled to work in the pharmacy, and his overall hours were significantly reduced until he was a part-time employee.

On November 7, 2022, Ford says he was working the front end of the store when he went to the parking lot to check on his car because a tire had been punctured by a nail earlier in the day. He says he made sure another employee was available to attend to customers. But he says Stiltner, the store manager, emerged from the store and began to loudly yell at him and berate him.

“Stiltner engaged in this highly demeaning and racially motivated conduct toward plaintiff within the presence and hearing of numerous people including employees, customers and other persons both inside and outside the store,” the complaint states. “Plaintiff was greatly humiliated and embarrassed.

“One of the customers who witnessed this conduct in the parking lot told plaintiff that she was greatly appalled by the treatment that she had witnessed him receive.”

Ford says he complained to Stiltner about the conduct, but she refused to admit she had done anything wrong and referenced Ford’s race by telling him “she was unwilling to show him the same favorable treatment due to his race as she perceived other store managers had shown to him.”

The next day he worked, Ford says he was interviewed remotely by a member of Walgreen’s home office personnel. He was then told he was being indefinitely suspended without pay for engaging in insubordination pending an investigation.

In the following weeks, Ford says he made numerous calls about the investigation, but he says he was given no information. After missing two paychecks, Ford says he delivered a written notice on December 16, 2022, saying he interpreted the situation to a constructive discharge.

He accuses the defendants of racial discrimination, hostile work environment and retaliatory constructive discharge. He seeks compensatory damages including front and back pay and damages for humiliation, mental pain and suffering, emotional distress and embarrassment. He also seeks punitive damages, attorney fees, court costs, pre- and post-judgment interests and other relief.

Ford is being represented by Kurt Entsminger and Michael Addair of Addair Entsminger in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.

Kanawha Circuit Court case number 23-C-550

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