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Medical Marijiuana Class Action Lawsuit Overview:
- Who: A healthcare information worker filed a class action lawsuit against Stat Informatic Solutions, LLC.
- Why: The worker alleges Stat Informatic Solutions broke the law by rescinding a job offer after finding out she was a medical marijuana patient.
- Where: The class action lawsuit is pending in Arkansas federal court.
Stat Informatic Solutions, a healthcare information management company, broke the law by refusing to hire an Arkansas woman because of her status as a medical marijuana patient, a new class action lawsuit alleges.
Lead plaintiff Latricia Epps claims the company denied her a job opportunity because of her medical marijuana use outside of work. Epps wants to represent herself and a Class of all persons who were denied employment by the company because of their status as medical marijuana patients.
Co Cannot Deny Employment for Non-Sensitive Jobs Due to Medical Marijuana
Refusing employment on the basis of medical marijuana use outside of work is a violation of Amendment 98 of the Arkansas Constitution, says the class action lawsuit. The amendment was passed after medical marijuana was legalized in the state in 2016.
Amendment 98 to the Arkansas Constitution says an employer “shall not discriminate against’ an ‘employee … based upon the employee’s status as a qualifying [medical marijuana] patient’,” states the class action lawsuit.
Epps claims she received a job offer with Stat Informatic Solutions in April, at which time she informed the company of her status as a medical marijuana patient. The defendant subsequently told her she could not work for the company without completing a drug screening that didn’t come up positive for marijuana, according to the class action lawsuit.
Stat Informatic Solutions ultimately decided to pull its job offer before a drug screening was even performed, says Epps.
Employers are allowed to drug screen potential workers, but can only decline to hire or fire employees if they test positive for a drug besides marijuana, or if the job is considered a “safety sensitive position,” says the medical marijuana class action lawsuit.
Epps says her position as a release of information specialist would not have required any manual labor or travel and thus did not qualify as safety sensitive. She is demanding a jury trial and seeking Class certification, along with punitive and constitutional damages.
A similar class action lawsuit was filed against Amazon this month after a former employee alleged the company terminated their position in New Jersey after they tested positive for marijuana, despite it being legalized in the state.
Have you been denied a job position because of your status as a medical marijuana patient? Let us know in the comments!
The plaintiff is represented by Chris Burks of WH Law. The Medical Marijuana Class Action Lawsuit is Epps v. Stat Informatic Solutions, LLC, Case No. 4:21-cv-00750, in the U.S. District Court for the Eastern District of Arkansas Central Division.
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3 thoughts onMedical Marijuana Resulted in Illegally Rescinded Job Offer, Says Class Action
Add me to
How do i join this class action?
I am in FL
I have the EXACT same situation. I had interviewed for the job and even showed up for Monday morning. The employment agency told them i couldnt start yet and theyd call me. Two days later, in the 11th hour. Drug test. I told them i had a prescription. They refused me the job.
I do not know if I was denied a job because of it, however, I am employed and that is not an issue but I want to be a part of this class action in the event that I am ever denied an opportunity despite following all the rules.