Rulings on medical marijuana go against employers

Published on Wednesday, 3 October 2018 20:49
Written by The Associated Press

HARTFORD (AP) - Health care worker Katelin Noffsinger told a potential employer that she took medical marijuana to deal with the effects of a car accident, but when a drug test came back positive, the nursing home rescinded her job offer anyway.

A federal judge last month ruled that the nursing home, which had cited federal laws against pot use, violated an anti-discrimination provision of the Connecticut’s medical marijuana law.

It was the latest in a series of clashes between U.S. and state laws around the country that came out in favor of medical marijuana users trying to keep or obtain jobs with drug-testing employers.

The Connecticut decision was the first ruling of its kind in a federal case and followed similar recent rulings against employers by state courts in Massachusetts and Rhode Island. Earlier rulings had gone against medical pot users in employment cases by state supreme courts including those in California, Colorado, Oregon and Washington over the past few years.

Advocates hope new the new decisions are a signal of growing acceptance of cannabis’ medicinal value.

“This decision reflects the rapidly changing cultural and legal status of cannabis, and affirms that employers should not be able to discriminate against those who use marijuana responsibly while off the job, in compliance with the laws of their state,” said Paul Armentano, deputy director of NORML, a pro-marijuana group.

Noffsinger, of Manchester, sued Bride Brook Health & Rehabilitation Center in Niantic in 2016. She had been offered, and accepted, a job as recreation therapy director at the nursing home, contingent on her passing a drug test.

She told the nursing home that she took synthetic marijuana pills - legally under state law and only at night - to treat the post-traumatic stress disorder she developed after the 2012 car accident. But the company rescinded the job offer after the drug test came back positive for THC, the chemical in marijuana that gets people high.

As a federal contractor, the nursing home worried that it could be cut off from that revenue if it employed somebody who tested positive.

On Sept. 5, U.S. District Judge Jeffrey Meyer in New Haven ruled Bride Brook discriminated against Noffsinger based solely on her medical marijuana use in violation of state law. He denied her request for punitive damages. The case is now heading to a trial on whether Noffsinger should receive compensatory damages for lost wages from not getting the job.



Posted in The Bristol Press, on Wednesday, 3 October 2018 20:49. Updated: Wednesday, 3 October 2018 20:51.