CVS Settles Suit With ACLU

A settlement was reached this week between the ACLU and CVS/Pharmacy regarding the ACLU's claim that the store's pre-hiring questionnaire was discriminatory.

The form, created by CVS by an outside vendor, was similar to applications found at other retail stores, with questions used to assess the individual's personality and aptitude for the job. 

While a press release by the ACLU agreed that it is legal for potential employers to perform some screening, the claim alleged that some of the questions that job seekers were asked “could have the effect of discriminating against applicants with certain mental impairments or disorders, and go beyond merely measuring general personality traits.”

State law generally bars employers from eliciting any information, directly or indirectly, that pertains to job applicants’ mental or physical disabilities.

Applicants were required to answer with responses ranging from "strongly agree" to "strongly disagree" to statements including:

■ “You change from happy to sad without any reason.”
■ “You get angry more often than nervous.”
■ “Your moods are steady from day to day.”
■ “There’s no use having close friends; they always let you down.”

According to CVS, the company did not create nor score the questionnaire. Instead, the outside vendor who created it reported back to CVS on which applicants are recommended for interview.

CVS agreed to permanently remove the questions under the settlement and will reimburse the ACLU for its legal fees of $6,750.

“CVS Caremark has a firm non-discrimination policy and is committed to building an environment of inclusion and acceptance that values diversity across all areas of our business. As such, we are pleased to resolve this matter,” said David Casey, Vice President, Diversity for CVS Caremark.