ACLU sues Wal-Mart for firing employee using medical marijuana


By Stephanie Chen, CNN
June 29, 2010 2:53 p.m. EDT
Wal-Mart officials say they're sympathetic to Joseph Casias' condition, but the company must protect its customers and workers.
Wal-Mart officials say they're sympathetic to Joseph Casias' condition, but the company must protect its customers and workers.

(CNN) -- The American Civil Liberties Union has filed a lawsuit against Wal-Mart for the termination of a Michigan employee whose doctor verified his illness qualified for medical marijuana use.

Wal-Mart, the nation's largest retailer, fired Joseph Casias in November 2009 after he failed an on-the-job injury-related drug test. Casias suffers from a rare form of cancer in his nasal cavity and brain, and he relied on his doctor's medical marijuana prescription to alleviate the daily pain. Casias is one of about 20,000 legal medical marijuana users in Michigan.

"Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine," said Scott Michelman, staff attorney with the ACLU Drug Law Reform Project.

"No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors," Michelman said.

Wal-Mart officials say they are sympathetic to Casias' condition, but the company needed to put the safety of its customers and associates first.

"As more states allow this treatment, employers are left without any guidelines except the federal standard," wrote Lorenzo Lopez, a director of media relations at Wal-Mart, in an e-mail to CNN. "In these cases, until further guidance is available, we will always default to what we believe is the safest environment for our associates and customers."

The ACLU's lawsuit, filed in Calhoun County Circuit Court in Michigan, comes at a time when the controversy over medical marijuana is still being debated in many states. To date, 14 states have laws allowing the use of medical marijuana, which protect legal users from criminalization. But the laws are murky when it comes to protecting users from termination by their employers in some states.

Casias told CNN in March that he never arrived at work high and used the medical marijuana only outside of his work hours.

Michigan is an at-will employment state, which means employers can terminate a worker for any reason except for being in a federally protected class such as race, gender and religion. The ACLU is arguing legal medical marijuana users should also be protected under a Michigan law.

"I was angry they did this to me because I always tried my best," Casias said to CNN in March. He had worked for Wal-Mart for nearly five years to support his wife and two young children. He started at the company as a grocery store stocker in 2004 before moving up to become an inventory control manager. He earned an Associate of the Year Award at Wal-Mart in 2008, a year before his termination

He has battled with his cancer for more than a decade. The lawsuit says the medical marijuana was able to provide him with pain relief.

http://www.cnn.com/2010/LIVING/06/29/medical.marijuana.walmart.laws...

Views: 63

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Tara on September 7, 2010 at 6:53pm
Rant away Lou, you're in the right place to do just that. Everything you so sensibly stated is the truth.
Comment by Lou Cypher on September 7, 2010 at 6:36pm
That's like firing someone for wearing prescription glasses or
prostheses. Walmart is a scourge and Big Box Stores Borg the
planet with unemotional Corporations Assimilating Cities and
Towns converting them into an all Consumerian Society where
"ONLY MONEY MATTERS" kneel before the almighty $ Changers
sorry for the RANT Tara

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Less Prone commented on Burbia's video
Thumbnail

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

"Television programs have come down a lot in quality since those days. "
1 minute ago
Doc Vega posted a blog post

In the Political Realm They've Gone One Step Too Far!

I'm Your Host here on a completely new program. We call it One Step Too Far! Join us now for some…See More
9 hours ago
Doc Vega posted photos
10 hours ago
Doc Vega commented on Burbia's video
Thumbnail

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

"Wow almost as brainless as entitled as the college dolts who argued with Charlie Kirk before his…"
12 hours ago
Less Prone commented on Burbia's video
19 hours ago
Less Prone favorited Burbia's video
19 hours ago
Less Prone posted a video

America Copied Germany’s Jerry Can — But Missed The One Genius Detail that Made All the Difference

America Copied Germany’s WWII Jerry Can — But Missed The One Genuis Detail that Made All the DifferenceIn World War II, Allied armies were losing up to half ...
19 hours ago
Less Prone favorited Burbia's photo
yesterday
Burbia posted a photo
Sunday
Doc Vega posted blog posts
Saturday
Less Prone favorited cheeki kea's photo
Saturday
cheeki kea posted photos
Saturday
Doc Vega posted blog posts
Thursday
tjdavis posted a photo
Dec 23
james will posted blog posts
Dec 23
Less Prone favorited Sandy's video
Dec 23
Doc Vega's 5 blog posts were featured
Dec 23
tjdavis's 4 blog posts were featured
Dec 23
Doc Vega posted a blog post

What was the Significance of the F-94 C and What role in History?

 It’s July 19, 1952 over White House forbidden airspace and Captain William Patterson observes…See More
Dec 21
tjdavis posted a video

FLUORIDEGATE: An American Tragedy. a film by Dr. David Kennedy

FLUORIDEGATE: An American Tragedy, is a feature documentary that reveals the tragedy of how government, industry and trade associations protect and promote a...
Dec 20

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted