Denied
internship to student legally using medical marijuana
By ACLU | The
American Civil Liberties Union PROVIDENCE, RI — The ACLU of Rhode Island filed a lawsuit Wednesday on behalf of a University of Rhode Island graduate student who was denied summer employment this year at a fabrics company because of her status as a registered medical marijuana user.
The suit, filed in R.I. Superior Court by ACLU volunteer
attorney Carly Beauvais Iafrate, is on behalf of Christine Callaghan, a
graduate of the Savannah College of Art and Design who is studying textiles and
working towards a masters’ degree in that field at URI. She has participated in
the medical marijuana program for almost two years to deal with frequent,
debilitating migraine headaches.
Callaghan was prepared to start a paid internship in July, which
would also be for class credit, at Darlington Fabrics in Westerly, RI.
Nonetheless, the company withdrew the paid internship after
finding out about her medical status. As a result of not being hired, the
lawsuit argues, Callaghan “was unable to find replacement summer employment,
lost the benefit of a major networking opportunity with one of the only
companies left in Rhode Island in her field, lost important and unique
experience that Defendants were offering, was forced to disclose her medical
marijuana status to her professors, and her ability to graduate on time was placed
into jeopardy as a result of having to try to find another internship at the
last minute.”
The lawsuit argues that “a potential employer’s failure to hire
a medical marijuana patient because of, or related to, his or her status as a
medical marijuana user and/or cardholder” constitutes disability discrimination
in violation of the RI Civil Rights Act, and also violates the medical
marijuana law, which protects cardholders from discrimination in employment.
The suit seeks compensatory and punitive damages and other appropriate relief
“to make the Plaintiff whole.”
Plaintiff Callaghan said today: “I just want Darlington and
other companies in Rhode Island to treat me and other licensed patients the
same way they would treat any other employee with a chronic health condition
who is taking medication, as the law requires.”
ACLU attorney Iafrate added: “All companies doing business in
Rhode Island need to realize that people with disabilities simply cannot be
denied equa l employment opportunities on the basis of the type of medication
required to treat their particular condition. If employers are permitted to
discriminate against those utilizing medical marijuana, then the good work done
by those to enact the law will be completely undone. We cannot let this law
become an empty promise.”
The ACLU has been a strong supporter of Rhode Island’s medical
marijuana law.
