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MEDICAL STATUS DISCRIMINATION AS A CAUSE OF ACTION

An employment discrimination lawsuit against Wal-Mart was recently filed after the Plaintiff was terminated because a drug test found marijuana in his system. The plaintiff has a prescription to use medical marijuana legally under a Michigan state law to alleviate pain he suffers from due to sinus cancer and an inoperable tumor. The Plaintiff rose from an entry level employee to a store manager and was named Associate of the Year in 2008.

It appears there has been a rise in terminations as a result of discrimination against employees who legally use medical marijuana. Most state statutes have protective provisions to prevent discrimination or unfair treatment by employers towards patients. As medical marijuana laws are being enacted across the country, most recently in New Jersey, courts are likely to notice a new type of employment discrimination claim - medical marijuana patient discrimination.

Additional information can be found here.

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