Two disabled sisters requested a Flu Shot at the pharmacy of a large national retail store. They alleged that the Pharmacist refused to administer the Flu Shot because they were confined to wheelchairs. A hearing was held by the NYS Division of Human Rights. At the hearing we argued that because the complainants were confined to wheelchairs, it would have been difficult and potentially dangerous to administer the Flu Shot in the area where Flu Shots are typically administered. However, a reasonable accommodation of an adjacent conference room for the Flu Shot had been offered. The complainants denied that the conference room was offered. We submitted testimony from several witnesses who either heard the Pharmacist offer the conference room as an alternative location or saw her open it to show it to the complainants. The hearing officer credited the testimony of our witnesses and dismissed the complaints.

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Date:November 19, 2014
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