Page:Touhy v. Walgreen Company.pdf/21

 The case on which Ms. Touhy perhaps most relies in her argument against summary judgment actually illustrates, by comparison, the insufficiency of the evidence she has offered. In Doe v. U.S. Postal Serv., 317 F.3d 339 (D.C. Cir. 2003), the plaintiff postal worker (referred to by the court as Mr. Doe) had been diagnosed with HIV but did not disclose that information to anyone at the Postal Service until he submitted a request for medical leave. When Mr. Doe eventually returned to work, he found that news of his health condition had been disseminated broadly among his co-workers. Although Mr. Doe lacked direct evidence that anyone at the Postal Service disclosed information retrieved from his leave request, the circumstantial evidence suggesting that conclusion was strong. Co-workers identified Mr. Doe's management-level supervisor as one who had shared news of Mr. Doe's HIV, and testimony indicated that this very supervisor was the person responsible for reviewing medical leave requests like Mr. Doe's. See id. at 340-43. To approximate the strength of the circumstantial evidence present in Doe, Ms. Touhy would have to show from some non-hearsay source that Ms. Whitlock actually disseminated the news of Ms. Touhy's condition, that Ms. Whitlock worked at the store where Ms. Touhy filled her prescriptions and was on duty when the Valtrex prescription was filled, or perhaps that Ms. Whitlock had a general assignment of reviewing all prescriptions for Valtrex. Ms. Touhy, however, has no such evidence.

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