CONCORD, N.H. — A federal jury has awarded more than $31 million to a pharmacist who said she lost her job at the Seabrook, Massachusetts Walmart in 2012 because of gender discrimination, and in retaliation for complaining about unsafe conditions at the store’s pharmacy.

According to court documents, on Nov. 27, 2012, Maureen McPadden, 47, was fired from her job as a pharmacist at the Walmart Pharmacy in Seabrook after 13 years of service with the national retailer. Her suit contends her termination was wrongful and came because of gender discrimination and “her good faith report that the operation of the Seabrook Walmart pharmacy was a threat to public safety in violation of regulations governing the practice of pharmacy.”  

According to McPadden’s suit, the environment at the Walmart pharmacy was stressful due to work load and insufficient staffing levels, leading to frequent turnover and “negligently trained and supervised pharmacy staff,” posing a threat to the public’s safety.

McPadden’s trial began in U.S. District Court in Concord before Judge Steven McAuliffe on Jan. 20, lasting five days. The jury got the case at about 2:45 p.m. on Wednesday, and two hours later returned with its verdicts in favor of McPadden on all but one count, bolstered by substantial financial awards.  according to her lawyer, Richard Fradette, of Manchester, N.H. law firm Beliveau, Fradette and Gallant, and a pharmacist a well.

Court documents show in her claim Walmart unlawfully discriminated against her based on her gender, in violation of the federal Civil Rights Act, the jury awarded her $15 million in punitive damage. She was awarded another $15 million in enhanced compensatory damage for the finding that Walmart unlawfully discriminated against her based on gender discrimination, in violation of New Hampshire law.

The federal Civil Rights Act placed a cap on damages at $300,000 for employers with more than 500 employees, such as Walmart. The difference between that and the jury’s award may be dealt with in post trial motions to be filed by Walmart.

But, Fradette said, New Hampshire’s gender discrimination statute is completely independent of federal law, and although it doesn’t permit punitive damages, it does allow enhanced compensatory damages, and has no cap on the amount that can be awarded to plaintiffs. 

The jury also awarded her $752,485 in back and future wages and benefits by finding in her favor on her claim of wrongful termination under the state’s Whistleblower Protection Act, and another $500,000 for compensatory damages for emotional distress for wrongful termination.

According to Fradette, the jury came to that amount for lost wages based on figures calculated by an economist who testified at the trial. Fradette said the jury heard from about 10 different witnesses throughout the trial, and received 80 written documents as evidence to consider in their decision making.

Randy Hargrove, spokesman for Arkansas-headquartered Walmart, said yesterday that the company plans to file post trial motions asking the court to either set aside the verdict or reduce the damages.  

“We respectfully disagree and are disappointed with the verdict,” Hargrove said yesterday. “We do not tolerate discrimination of any type, and neither that nor any concern Ms. McPadden raised about her store’s pharmacy played a role in her dismissal. In our view. The decision is not supported by the facts in the law.”

“The facts most certainly support the decision,” Fradette countered. “A jury of eight conscientious New Hampshire residents heard compelling evidence for five days and determined Walmart willfully and with reckless disregard acted against Maureen McPadden’s New Hampshire rights to be protected from gender discrimination. (Walmart) fired her on a pretext that she had lost her key. But 12 months later a (male) pharmacist from the Plaistow (N.H.) Walmart lost his key and he wasn’t fired.”

The real reason she was fired, Fradette said, was because she continued to complain about what she believed were unsafe conditions at the pharmacy, caused by stress, constant turnover, insufficient training of new staff, and negligent supervision. She felt that environment was unsafe for the public the pharmacy served, he said.

According to Hargrove, however, McPadden’s losing the key was the final error on top of preceding issues.

“We disciplined her for legitimate business reasons,” Hargrove said. “Because Ms. McPadden was already in the company’s progressive disciplinary program, this final offense — the lost key — resulted in her termination.”  

According to Fradette’s court brief, between 2011 and 2012, 13 employees at Seabrook Walmart’s pharmacy “quit, transferred or were fired.” The replacements were inexperienced, McPadden’s suit contends, or positions were left vacant. In 2011, she contacted an investigator with the N.H. Board of Pharmacy to report the unsafe pharmacy, as well as her Walmart district supervisor.

As staff and supervisors continued to change, the suit indicates McPadden continued to voice her concerns. In addition, Fradette said, McPadden grew concerned that her own license was on the line because of the situation at the Seabrook Walmart’s pharmacy.

Over Thanksgiving weekend 2012, she moved from Kittery, Maine, to Portsmouth, N.H., and in the process lost the pharmacy key. When she couldn’t track it down, she reported it to her employer, which resulted in the need to change all the locks and distribute new keys.

Shortly after, on Nov. 27, 2012, she was terminated in the middle of her shift, and walked off the premises, Fradette said, causing her stress, anxiety and embarrassment she still deals with.