East Brady woman sues CVS over face mask dispute
An East Brady woman has filed a lawsuit against CVS alleging she had no alternative but to resign because the company would not allow her to wear a face shield instead of a face mask that caused her to faint.
Brittany Beham filed the suit through her attorney in Butler County Common Pleas Court against Pennsylvania CVS Pharmacy, LLC, which operates the CVS inside the Target in Butler Commons in Butler Township where she worked as a pharmacy intern from March 2016 to September 2020, according to the suit.
Beham suffers from panic disorder with syncopal, or fainting episodes, and experienced several episodes from March through June of 2020 as a result of wearing a face mask, according to the suit.
During that time, she claims that she told her supervisor on several occasions that wearing a mask was causing the episodes. While on short-term disability leave from June 18 to July 21, 2020, she was treated by a therapist, but could not take anti-anxiety medicine because she was pregnant, according to the suit.
She completed and submitted a reasonable accommodation questionnaire, asking for permission to wear a face shield instead of a mask to prevent further episodes, and submitted a note from a nurse at Butler Health System Women’s Care Associates, saying she cannot wear a mask due to the episodes, but she can wear a shield.
On Sept. 21, 2020, Beham was taken to a hospital by ambulance after having an episode at work, according to the suit.
Days later, on Sept. 25, CVS formally denied Beham’s request for a reasonable accommodation and gave her the choice of wearing a mask or being placed on indefinite unpaid leave. At least two previous requests for permission to wear a shield also were denied, according to the suit, which was filed April 12.
The refusal caused her to have stress, anxiety and depression, she claims. She resigned Sept. 25, 2020, due to the risks masks posed to her and her unborn child, according to the suit.
Beham is seeking back pay, money awarded for lost compensation and compensation for lost fringe benefits, humiliation, loss of self-esteem, personal injury and legal expenses.
She is being represented by attorney Neal Sanders. Neither Sanders or CVS could be reached for comment.