Maine woman who failed drug test sues ex-employer

February 16th, 2013 by admin Leave a reply »

February 13

Denied a job, medical pot user sues Maine employer

In a lawsuit that’s believed to be the first of its kind in Maine, the case illustrates a legal conflict that has arisen in states where marijuana is legal while federal laws prohibit its use.

By Eric Russell erussell@pressherald.com
Staff Writer

In a lawsuit that’s believed to be the first of its kind in Maine, a Pittsfield woman has sued a former employer for not rehiring her after she told the company that she uses marijuana for medical reasons.

The American Civil Liberties Union of Maine and Augusta attorney Walter McKee filed the lawsuit Tuesday in Somerset County Superior Court on behalf of Brittany Thomas against Adecco Group North America, a global temporary staffing and recruiting agency.

The case illustrates a legal conflict that has arisen in states where marijuana is legal while federal laws prohibit its use.

McKee says an employer would never discipline an employee who tested positive for an FDA-approved drug, and argues that a user of medical marijuana should not be treated any differently.

“No patient should be forced to choose between the pain relief she needs to live a normal life and the employment she needs to support her family,” said Zachary Heiden, legal director for the ACLU of Maine. “And no employer should be forcing itself into the middle of a decision best made by a patient and her doctor.”

According to the lawsuit,

Article source: http://www.pressherald.com/news/Woman-who-failed-drug-test-because-of-medical-marijuana-sues-former-employer-.html

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