By Elisha Aldrich in Rhode Island’s Future
Rhode Island Superior Court Judge Richard Licht refused to dismiss a case in which a University of Rhode Island graduate student alleged that she was denied employment due to her status as a medical marijuana user.
The
case, which was filed by the American Civil Liberties Union in November of
2014, concerns URI grad student Christine Callaghan, who is working towards a
masters’ degree in textiles.
Callaghan is also a registered medical marijuana
user in order to deal with frequent migraine headaches.
In July of last year,
Callaghan was slated to begin a paid internship with Darlington Fabrics in
Westerly, which she needed to finish her degree. After disclosing her status as
a medical marijuana user, the company withdrew her internship.
In
the lawsuit, the ACLU argues that Darlington has violated the Hawkins Slater
Medical Marijuana Act. Callaghan’s attorney, Carly Beauvais Iafrate, said that
because the company had no other reason to withdraw their offer from Callaghan,
they are breaking the law.
“Under the Hawkins Slater Medical Marijuana Act, when the General Assembly put that really critical employment language in, which essentially says that no person will be not hired or denied any privileged in employment because of their cardholder status,” she said.
“They didn’t then put any language in there that
says if someone violates that section, you can sue them. That’s called a
private right of action. So what [Darlington’s lawyer] was saying was there’s
nothing in the statute that says you can sue anybody over it, and so therefore,
you shouldn’t be allowed to.”
Iafrate
said the defendant’s argument relies on what is normally written into other
disability laws, that lay out penalties for those who violate the law, be it a fine
or the right to sue. The Hawkins Slater Medical Marijuana Act lacks that
language. In other situations, the Rhode Island Supreme Court has not assigned
a remedy and implied a private right of action, but Iafrate says that this case
is different from the precedent that has already been set.
“Those
other situations are different, because in this statute, the General Assembly
said liberally construe this to make sure that the purpose is effectuated, so
that it doesn’t become meaningless,” she said. “Think about it. If there’s no
remedy, what meaning does it have that they say that no employer can refuse to
hire? They can just do it anyway, because there’s no remedy.”
The
ACLU is also arguing that by refusing to hire Callaghan, Darlington has
discriminated against a disabled person, and is in violation of the Rhode
Island Civil Rights Act.
Licht
did not approve Darlington’s motion to dismiss for a number of reasons, but his
biggest reason dealt with the Medical Marijuana Act, and Darlington’s argument
that there is no private right of action, and that they should be allowed to
not hire Callaghan to ensure a drug free workplace.
“It’s
inconceivable to me that the General Assembly meant to say discriminate against
for the use of marijuana, even though you can’t discriminate against them
because they hold a card that allows them to use it,” Licht said. “I doubt
there are many people who sought out a medical marijuana card that don’t use
it.”
While
Callaghan is seeking compensatory and punitive damages, Iafrate said she had
other reasons to sue as well.
“One
of her main purposes, which is why she went to the ACLU, is because this is an
important issue, and it needs to be decided. People who are engaging in the
medical use of marijuana in the state need to know whether they have employment
protection or not. And they need to know whether it’s just words on paper or if
it actually means something,” Iafrate said.
In
a press release from the ACLU, Callaghan said that she would like companies to
treat medical marijuana patients just as they would any other employee who may
take medication for a chronic illness.
The
next step is for the case to go to summary judgment and for both parties to
engage in discovery of evidence and facts. Iafrate said this should happen
within the next year.
