Medical Pot-Smoking Walmart Worker in Arizona Wins Bias Claim
US District Court for the District of Arizona voted in favor of Carol Whitmore, former Walmart employee regarding her rights under the Arizona Medical Marijuana Act. In the recent case, Walmart fired Whitmore, a customer service supervisor, for testing positive on her drug test. Whitmore was a marijuana card-holding employee who smoked marijuana the night before. According to the Arizona Drug Testing of Employees Act, employers are protected from discrimination lawsuits brought under the Arizona Medical Marijuana Act if they can show they believed in good faith that the worker used or was impaired by marijuana on the job. Walmart failed to do so, as their discovery of the drug test result was due to company policy upon injury on the job, and no scientific evidence was provided to prove Whitemore’s impairment on the job.
See "Medical Pot-Smoking Walmart Worker in Arizona Wins Bias Claim", Patrick Dorrian, Bloomberg Law, February 8, 2019