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Former Wal-Mart Pharmacist Wins Discrimination Suit

Jury orders $2M award [Berkshire (Mass.) Eagle]

A Berkshire Superior Court jury yesterday concluded that Wal-Mart had discriminated against a female pharmacist, paying her less than her male colleagues and firing her when she complained.

The jury awarded Cynthia Haddad almost $2 million as compensation for lost and future wages and to punish Wal-Mart’s behavior. The verdict followed roughly eight hours of deliberations that capped a two-week trial.

“It sends a message that you can’t treat people poorly because of who they are,” said David Belfort, one of Haddad’s attorneys. “The verdict makes it clear that the jury felt that not only was there misconduct, but it ought to be punished.”

As the verdict was read, Haddad began crying, and her cries became near sobs as she hugged her legal team and family outside the courtroom.

“I can sleep tonight,” she was heard to say.

Wal-Mart’s attorneys quickly left the courtroom and could not be reached for comment yesterday.

Haddad’s lawsuit stemmed from her dismissal in April 2004 from the Wal-Mart pharmacy in Pittsfield, where she had worked for more than 10 years.

Wal-Mart said it fired her because she left the pharmacy unattended and allowed a technician to use her computer security code to issue prescriptions during her absence. While Haddad was away, Wal-Mart alleged, a prescription for Plavix, an anti-clotting drug given to cardiac patients, was filled.
Haddad and her legal team said that charge was a trumped-up excuse, and that the fraudulent prescription had been filled 18 months earlier, without Haddad’s knowledge. They said Haddad was really fired because she demanded to be paid as well as her male counterparts, including a bonus given to pharmacy managers. The company consented and paid the bonus, but she was fired two weeks later.

The plaintiff’s legal team of Belfort and Richard Fradette argued that Wal-Mart had never fired anyone else for the charge of “failure to secure the pharmacy.” And they said more severe infractions by male pharmacists went unpunished.

“Wal-Mart took a 10-year employee with 10 years of the highest level of professional reviews available and, in 45 minutes, fired her for no legitimate reason,” Fradette said. “At the same time, it tolerated violations of policies by male pharmacists with no punishment.”

Wal-Mart argued that Haddad was not really a pharmacy manager and was paid appropriately for her work. While she may have carried the manager’s title, Wal-Mart said, she did not perform a manager’s duties.

The jury appears to have rejected Wal-Mart’s defense completely and found for Haddad on every count.

The jury of eight women and four men ruled that Haddad was owed $1,767 in compensation for lost wages because of unequal pay. And it ordered Wal-Mart to pay $95,000 in damages for improper termination of employment.

For emotional distress, the jury ordered Wal-Mart to pay Haddad $125,000 and $17,700 in financial damages.

The jurors ruled that Haddad was owed $733,000 in wages that she would have earned over the course of her career had she not been fired.

And the biggest penalty was assessed in the form of punitive damages of $1 million, a sum meant to punish Wal-Mart for the discrimination.

“What the jury saw is that, if Wal-Mart will treat a well-educated, professional woman with such reckless disregard, can you imagine how they treat other women in the work force?” Fradette said.

Posted by Alex Goldschmidt on Wednesday, June 20, 2007

Click Here for a Printer-Friendly Version

COMMENTS

You missed the second half of the Eagle’s story.  Not that they necessarily like the verbatim copying, but at least it’s sourced.

Walter Rice in Philadelphia, PA
Wednesday, June 20 at 01:12 PM

The jury awarded Cynthia Haddad almost $2 million as compensation for lost and future wages and to punish Wal-Mart’s behavior.

There’s a saying here in Texas:

He’d spend a dollar to save a dime!

Our size causes us, when we do something inappropriate, which is usually done out of stupidity, to come across as being done out of arrogance. ~ H. Lee Scott

Stupidity is right. I guess Lee’s not in complete denial.

Ken V in Texas
Wednesday, June 20 at 05:55 PM

Ken

I don’t know why you would cheer this verdict. A woman won $2 million because her employer let men get away with more than they let HER get away with?

“Everyone ELSE is doing it! Why can’t I?”

Where is the evidence? So Wal-Mart allowed male pharmacists to jerk off? So what? Wal-Mart, like any company, has the right to discipline its employees as individuals. Do we really want a jury of idiots or the government to decide that a company’s disciplinary policy wasn’t to their liking?

Victims. Americans are now victims. Boo Hoo.

Nick in
Wednesday, June 20 at 06:32 PM

So Wal-Mart allowed male pharmacists to jerk off?

You are a vulgar and disgusting pig to write this to make a point. It is because of people like your are Christian values are disappearing in society today. You are sick person.

Janet in Texas
Wednesday, June 20 at 09:48 PM

Janet,

Where is your outrage, when anti Wal-Marters say things like, “Wal-Mart is ‘screwing’ their employees”?

RDS in
Wednesday, June 20 at 11:29 PM

I don’t know why you would cheer this verdict.

$2,000,000 out of the Beast’s pocket. ‘Nuf said.

Ken V in Texas
Thursday, June 21 at 02:53 AM

Quit your bawling Nick. WalMart can always figure out another way to exploit the ‘associates’ to make up the loss. Yeah, yeah we know, you don’t want the government or a jury in on that episode either.

WalMart- We think we are above the law. Just ask our Edelman imbecile blogger fraud Nick.

SanDiegoView in
Thursday, June 21 at 03:24 AM

Janet

You misunderstood me. I did not mean that phrase in a sexual manner. What I meant was, did Wal-Mart allow these pharmacists to not do their jobs? And please don’t lecture me about morals! If you believe that it is permissible to falsely slander a company that saves consumers $20 + billion per year, employs 1.5 million Americans (including students, women, blacks, hispanics, seniors and the handicapped) who might not have many other job opportunities.

Whether or not you believe Wal-Mart is moral, is nice, is good for the country, etc. is really not important. What is important are the facts. And the facts say that Wal-Mart employs a lot of people and saves us a lot of money. When Wal-Mart truly breaks the law, they should be punished, just like any other company.

The real attacks against Wal-Mart come from competitors, people living in the past and union supporters. The organized attacks are funded by labor unions and supported by Democratic politicians who get their marching orders from Big Labor leaders. The UFCW has, over the last 20 years, given more than 98% of their contributions to Democrats. Why would unions hate Wal-Mart? Because Wal-Mart is non-union and does not give in to the unions. The unions can’t organize Wal-Mart’s workforce and so they demand that Wal-Mart do it for them. Wal-Mart refuses and so the unions attack them. Let me spell this out:

The attacks on Wal-Mart are about DUES MONEY. That’s right, DUES MONEY. The UFCW wants dues money and Wal-Mart makes this difficult by 1) Not giving in to union blackmail and harassment and 2) by beating UFCW organized companies like SuperValu, Kroger and Safeway in the marketplace. Anything that affects their precious dues (and large salaries, perks, benefits, cars, mansions, private jets and country clubs) is a threat and must be dealth with accordingly.

UFCW=DUES. Do you think we, the UFCW, really care about workers? Well, we care about your dues! Now pay up.

Nick in
Thursday, June 21 at 06:04 PM

“And please don’t lecture me about morals!”
Nick slobber for morality does not matter-

“Whether or not you believe Wal-Mart is moral, is nice, is good for the country, etc. is really not important.”
Nick the moral imbecile and propagandist fraud-

At this point it is beyond clear that Bentonville slanders themselves and hires the PR firm Edelman in an attempt to get WalMart’s reputation out of the toilet. Attempting to take morality out of the marketplace is an exercise in the insane. Thus Nick, RDS and Jake and the other Bentonville ‘war room’ drivel clowns continue their crap ‘love of money’ forget morality assault on the U.S. culture.

“Few things are harder to put up with than the annoyance of a good example.”
Mark Twain, Pudd’nhead Wilson (1894)

As for the WalMart/Walton/Bentonville/Edelman culture wolves-

“The Shepherd drives the wolf from the sheep’s throat, for which the sheep thanks the shepherd as a liberator, while the wolf denounces him for the same act as a destroyer of liberty.” Abraham Lincoln

SanDiegoView in
Friday, June 22 at 08:35 AM

SanDiego-

Damn, Sam.........as I am obviously ignorant to your thought process, can you please tell me what a Bentonville ‘war room’ drivel clown is?

Jake

Jake in
Friday, June 22 at 08:57 AM

Jake,

“please tell me what a Bentonville ‘war room’ drivel clown is”

I think that falls somewhere above a “taxpayer sucker” and a “WalMart/Walton/Bentonville/Edelman paid fraud”!!

SDV, like calling people names, ie: imbecile, he even posted an imbecile list once!!

Also, what is funny, is that I have noticed that most anti Wal-Mart posters will not say what they do for a living, yet claim that people who disagree with them, must be PAID Wal-Mart bloggers, even though most of them, HAVE told what they actually do for a living, strange, huh?

RDS in
Friday, June 22 at 10:39 AM

RDS-

An imbecile list????  You’re putting me on!

Hate to ask, but as it seems like you and Nick have been here a while, where did you fellas figure-in?

I’d be curious as to what my man SanDiego (and “Big Texas")does for a living, but that would be like pulling teeth from a pit bull!

Jake

Jake in
Friday, June 22 at 10:44 AM

And tell me what a “propaganda fraud” is, please!
Jake in
Friday, June 22 at 09:55 AM

Damn, Sam.........as I am obviously ignorant to your thought process, can you please tell me what a Bentonville ‘war room’ drivel clown is?
Jake in
Friday, June 22 at 09:57 AM

An imbecile list????  You’re putting me on!
Jake in
Friday, June 22 at 11:44 AM

Yes Jake- I’m officially putting you on the imbecile list as imbecile #6.

SanDiegoView in
Friday, June 22 at 11:19 AM

SanDiego-

I’m really trying to be nice to you, brother, but name-calling isn’t my thing.

OK, since I’m #6 on your play list, care to tell me who #s 1-5 are?  I like to know the kind of company I keep.

Jake

Jake in
Friday, June 22 at 11:38 AM

Imbecile #6, this is the company you keep-

Wal-Mart Enlists Bloggers in P.R. Campaign
By MICHAEL BARBARO
Published: March 7, 2006

http://www.nytimes.com/2006/03/07/technology/
07blog.html?ex=1299387600&en=ae7585374bf280b9&ei=5088

U.S.: A New Weapon for Wal-Mart: A War Room

by Michael Barbaro, The New York Times
November 1st, 2005

To keep up with its critics, Wal-Mart “has to run a campaign,” said Robert McAdam, a former political strategist at the Tobacco Institute who now oversees Wal-Mart’s corporate communications. “It’s simply nonsense for us to let some of these attacks go without a response.”

Wal-Mart’s aggressive new posture is a departure from its tradition of relying on an internal staff to manage the company’s image. The war room, which is part of a larger Wal-Mart effort to portray itself as more worker-friendly and environmentally conscious, runs counter to the philosophy of the chain’s founder, Sam Walton. Believing that public relations was a waste of time and money, the penny-pinching Mr. Walton would not likely have hired a public relations firm like Edelman, Wal-Mart’s choice to operate its war room.

The contract went to Edelman, which assigned its top two Washington operatives to the account. Wal-Mart would not say what it is paying Edelman, nor would it allow interviews with the war room staff.

http://www.corpwatch.org/article.php?id=12727

WalMart- We hire propaganda blogging frauds. Our image/reputation is in the toilet because of an abusive business model. Help us Edelman! Help us!!

SanDiegoView in
Friday, June 22 at 01:02 PM

SanDiego-

Oh, so you are speaking of a group in general (I thought you may have known #s 1-5 by name, or something).

Actually, I am a bit of a non-conformist, but since you seem to think I am hell-bent on WalMart (I wasn’t before), I just might give them a little more business, because “I can”!

I think I gave you a pretty fair shake, yet you insulted me, which is the same as spitting in my face.  I’m sure your boss-men at WalMartWatch are either dismayed or very proud of you.

So, if I am an imbecle, that makes you a worthless waste of skin for dealing with folks like me!

Jake

Jake in
Friday, June 22 at 02:16 PM

Let’s wait and see how this all plays out.

I believe it will be overturned on appeal-- assuming
Wal-Mart has some sharp attorneys writing the appeal
brief--many times I don’t think WM attorneys are that
smart.  Like so many attorneys they don’t do their homework.

The Sage in
Friday, June 22 at 02:49 PM

Jake,

The names on the imbecile list:

Bob (now RDS) #1
Nick #2
I forgot who #3 & #4 were (any help Nick or Sage)
Sage #5
Now you are #6

Wear the badge proud, I did!!  It shows that you are on the right side and have ‘common sense’!!

RDS in
Friday, June 22 at 03:16 PM

Sage,

“I believe it will be overturned on appeal-- assuming
Wal-Mart has some sharp attorneys writing the appeal
brief”

This may be true, because the woman was an employee for 10 years, yet had no problems and they said that, “While she may have carried the manager’s title, Wal-Mart said, she did not perform a manager’s duties.” which might have been an ‘end around’ to get her a raise!!  Leaving someone else use your computer password is serious!!

RDS in
Friday, June 22 at 03:25 PM

RDS,

If you’re Bob, does that mean you get two positions on the list, or should we give one of them to SanDiego for not seeing the obvious?

Thanks for clearing it up--I look forward to seeing #’s 3 & 4 announced.

Jake

Jake in
Friday, June 22 at 04:27 PM

RDS & Jake

Please keep it straight - it irriitates me when posters get
my position “goofed” up.

I am embicile #4—not 5

I wanted embicile position # 1, but Bob would not give it up!!
(I might lose my position for I can’t spell the word)

The Sage in
Friday, June 22 at 09:50 PM

Sage,

“I wanted embicile position # 1, but Bob would not give it up!!”

Well, as long as I’m using a different handle, I would be more than willing to give up that #1 spot (as Bob), to you, if it is alright with SDV!!  He has already given me a ‘new’ spot as imbecile #7 and I don’t think I can hold 2 positions!!  Besides, that misspelling, just might make it for you!!

RDS in
Friday, June 22 at 10:31 PM

Sage,

Roger that, brother........so you are #4.

As I am the new guy around here (and already on the list at #6), and am yet to meet the gang, who are #s 3 & 5, anyway?

Jake

Jake in
Friday, June 22 at 10:33 PM

Jake,

“As I am the new guy around here (and already on the list at #6), and am yet to meet the gang, who are #s 3 & 5, anyway?”

I think #3 & #5, were either:

Someone in USA,
Jim Bunch, or
Bruce in Conway

Some of these people don’t post here any more, but they have been replaced by other good posters like Micheal D. and Mary!!

BTW:  I’m just a 63 year old retired guy and not an “WalMart/Walton/Bentonville/Edelman paid fraud”, like SDV says!!

RDS in
Saturday, June 23 at 12:02 AM

“BTW:  I’m just a 63 year old retired guy and not an “WalMart/Walton/Bentonville/Edelman paid fraud”, like SDV says!!’

RDS in
Saturday, June 23 at 01:02 AM

My nomination for bullshit statement of the week comes from imbecile #7. Jake and RDS giving each other WalMart worship enemas won’t get them off the imbecile list. Bob at imbecile position #1 evaporated like EllisW in another Edelman identity makeover for blogger frauds. This happens periodically as the accumulation of embarrassments befall the ‘war room’ keyboard propaganda frauds in their ongoing assault on the American culture.

Who lies for you will lie against you- Bosnian Proverb

SanDiegoView in
Saturday, June 23 at 05:07 AM

Good for her! I like the part that says, “and to punish Wal-Mart’s behavior.” Wow!!

Jennifer in
Saturday, June 23 at 08:34 AM

SanDiego-

Top of the morning to you!  How did the 2nd shift play-out at Costco, last night?

RDS-

OK, I think I have it straight....you are also Bob and Nick is/was going by Ellis W?

And those other three guys you mentioned just faded-away, huh?  Too bad for them......it would have been one heckuva party with all of us, along with my boys SanDiego and Big Texas, and Jonpierre from Canada thrown-in for good measure!

63 and retired, huh?  Good for you!  That explains a lot here......you’ve been there/done that, while a lot of those other cats are a bunch of guys whose dot-com dreams were busted when those internet stocks went south!

Jake

Jake in
Saturday, June 23 at 08:47 AM

BOB ,FAILED FARMER,KICKED OUT OF A UNION,FAILED AT TRYING TO START A UNION IN A FACTORY,FORCED INTO EARLY RETIREMENT. GET THE PIC? ALSO KICKED OF OTHER SITES FOR HIS BS. LEFT IN HIS LATER LIFE TO WMW SITE ADDICTION.LIKE YOURSELF ,YOU WILL FIND YOURSELF POSTING EVERYDAY. YOU WILL NOT BE ABLE TO STOP.YOU HAVE ALREADY STARTED.

RDS in
Sunday, June 24 at 09:45 AM

The above, is just about as fictional as the rest of your phoney posts, what a loser, you can’t even use an original handle!!

Facts: Just stopped farming to move to Arkansas, did not failed!!  I was NEVER kicked out of a union!!  I did not fail trying to get the union in, the employees just decided to vote against it, but, then again, maybe they knew something I failed to see at the time!!  I was not FORCED into early retirement, that’s just silly, how could I afford to live and why couldn’t I get a job elsewhere (maybe Wal-Mart), I chose to retire early at age 60, why, because I could afford to, does that sound like failure to you?

RDS in
Sunday, June 24 at 11:35 AM

BTW:  That factory that did not unionize, is still non-union and is 5 times larger than when I left!!

RDS in
Sunday, June 24 at 11:38 AM

Got your attention loser. see how how well they did wiyhout you. I am not the loser. I got your handle sooooo easy.

RDS in
Sunday, June 24 at 02:55 PM

ps don’t reply I am going to stay off for a while unlike you
addicts.

RDS in
Sunday, June 24 at 02:57 PM

...I am going to stay off for a while...

Sheesh! I thought he’d never leave!

Wisdom is a woman, and loves only a warrior. ~ Nietzsche

Ken V in Texas
Tuesday, June 26 at 04:52 AM

http://5dcc608ed42907f57d6bd8ac1fd018b3-t.nrprql.org 5dcc608ed42907f57d6bd8ac1fd018b3 http://5dcc608ed42907f57d6bd8ac1fd018b3-b1.nrprql.org 5dcc608ed42907f57d6bd8ac1fd018b3 http://5dcc608ed42907f57d6bd8ac1fd018b3-b3.nrprql.org dd2203050924ab25e877fa6a7f33c0e8

Arnold in Fabian
Monday, July 02 at 04:31 PM

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