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Member, Beacon International Group, Ltd.
BATTLE CREEK, Mich.—The American Civil Liberties Union sued Wal-Mart Stores Inc. last week, alleging the retailer wrongfully fired a Michigan employee for legally using medical marijuana.
The suit alleges Wal-Mart violated protections afforded employees under the Michigan Medical Marihuana Act enacted by voters in 2008 when it fired Joseph Casias after he tested positive for marijuana use after a 2009 injury.
While the suit's main contention involves protections the ACLU believes are afforded under the state law, legal marijuana consumption away from the workplace and drug screening are related issues, an ACLU spokeswoman said.
According to the ACLU, Mr. Casias did not use marijuana at work and was not under the influence when he twisted his knee and later tested positive for the drug. But the lawsuit states that the drug test he was given cannot indicate whether a person is under the influence—only whether they used marijuana “within the previous days or weeks.”
Mr. Casias suffers from sinus cancer and was named an Associate of the Year in 2008 at the Wal-Mart store where he worked in Battle Creek for five years, starting as a grocery stocker in 2004 and progressing to an inventory control manager.
He was legally registered to use marijuana under the state law and had suffered more than a decade from cancer and a brain tumor, according to the lawsuit, which also names a store manager.
The suit, Joseph Casias vs. Wal-Mart Stores Inc. and Troy Estill, was filed in Michigan's Calhoun County Circuit Court. It seeks a declaration that Mr. Casias' termination was unlawful, and compensatory and exemplary damages.
Wal-Mart did not respond to a request for comment.