In a current lawsuit, a federal judge ruled against Walmart for dismissing an Arizona employee who possessed a valid health-related cannabis card soon after a drug test of the worker came back constructive, the Phoenix New Times reports.
U.S. District Judge James A. Teilborg ruled that the organization violated the nondiscrimination provision in the Arizona Healthcare Marijuana Act by eliminating the employee even although it couldn’t prove she was impaired by utilizing cannabis at perform, according to the regional publication.
Joshua Carden, an lawyer representing Carol Whitmire, known as the judge’s ruling the “first of its sort in Arizona” in a statement to the Phoenix New Occasions on Tuesday.
No court has officially decided whether or not a private suitable-of-action exists below the Arizona Healthcare Marijuana Act, so that was a large element of the choice,
Whitmire, who had worked for Walmart for eight years, was let go soon after she suffered an injury on the job in Could 2016, according to court documents observed by the publication. She had reportedly been leveling bags of ice when a bag fell on her wrist.
She was transported shortly soon after the injury to urgent care, exactly where she was subsequently administered a drug test in accordance with Walmart policy.
Whitmire reportedly informed the Walmart human sources division of her cardholder status shortly soon after the incident and continued to perform with the organization till early July.
On July four, she was reportedly suspended due to the urine sample benefits and fired by her manager on July 22 according to the lawsuit.
Whitmire, who mentioned she utilizes cannabis to treat her arthritis discomfort, then reportedly filed a discrimination charge against Walmart with the civil rights division of the Arizona Lawyer General’s Workplace and the Equal Employment Chance Commission in March 2017.
She also sued Walmart for wrongful termination and discrimination months later.
Walmart reportedly denied her wrongful termination claim in court and also argued that the company’s policy with regards to drug testing was protected below the state’s Drug Testing of Personnel Act.
On the other hand, the judge wrote in his ruling that the organization was “unable to prove that Plaintiff’s drug screen gave it a ‘good faith basis’ to think Plaintiff was impaired at perform.”
Walmart told the regional publication in a statement that the organization performs “every day to build and retain a protected atmosphere for our associates and prospects. We are pleased the Court dismissed various of the claims, and we will continue to prepare our case.”
Whitmire’s lawyer told the Phoenix New Occasions that the court will make a choice regarding costs for damages and her prospective reinstatement ahead of summer time.