Settlement Agreement between the United States of America and Rite Aid of Michigan, Inc., Under the Americans with Disabilities Act, DJ# 202-38-56 (Feb. 4, 2014)

Court and Agency Decisions and Orders (including case law)

In September 2012, an individual was refused a flu shot at Rite Aid because he had HIV. The pharmacist informed him that she needed “special gloves” to administer the flu shot due to his HIV status, and that he would need to return to the store after the gloves had been ordered. An employee later called the individual and asked that he schedule an appointment for his flu shot, something not required of other customers. The individual complained about his treatment to Rite Aid and went to another branch to receive his flu shot. He later filed a complaint with the United States Department of Justice, alleging that he had been discriminated against in violation of the Americans with Disabilities Act (ADA). This settlement agreement is the result of that complaint.

The settlement agreement states that an individual with HIV has a disability within the meaning of the ADA. Rite Aid was found to be in violation of the ADA because 1) the pharmacist refused to administer the flu shot to the individual because he had HIV, and 2) the individual was required to schedule an appointment for a flu shot because of his HIV when this was not required of any other customer. Rite Aid was ordered not to discriminate against any individual on the basis of disability, including HIV. Rite Aid was further ordered to implement a policy stating it does not discriminate against individuals with disabilities, including HIV, and to provide training on the ADA. Finally, Rite Aid was ordered to pay $10,000 to the individual who was refused a flu shot, and $5,000 as a civil penalty.