R.I. ACLU sues Westerly company for alleged medical marijuana discrimination

THE RHODE ISLAND branch of the American Civil Liberties Union filed a lawsuit this week against Darlington Fabrics of Westerly on behalf of a University of Rhode Island graduate student who said she was denied a summer internship because she is a medical marijuana patient.
THE RHODE ISLAND branch of the American Civil Liberties Union filed a lawsuit this week against Darlington Fabrics of Westerly on behalf of a University of Rhode Island graduate student who said she was denied a summer internship because she is a medical marijuana patient.

PROVIDENCE – The Rhode Island branch of the American Civil Liberties Union filed a lawsuit this week against Darlington Fabrics of Westerly on behalf of a University of Rhode Island graduate student who said she was denied a summer internship because she is a medical marijuana patient.

The lawsuit, filed Nov. 12, states that Christine Callaghan uses medical marijuana to treat her migraine headaches, but told company officials she would not bring the substance to work, or come to work after using it.

Callaghan is seeking damages, compensation for attorney’s fees and a jury trial, according to the lawsuit.

Callaghan, who is working on a master’s degree in textiles, was supposed to start a paid internship at Darlington, a division of The Moore Co., in July. The lawsuit said she needed a two-credit internship as part of her master’s degree program. Darlington had needed an intern for a project in the company’s dye lab.

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Callaghan told a Darlington human resources employee, Karen McGrath, about her condition and status as a cardholder under Rhode Island’s medical marijuana law.

“She explained to McGrath that she would not bring medical marijuana onto the premises and would not come to work after having taken marijuana, and offered McGrath a copy of her card,” the lawsuit states.

Two days later, Callaghan was informed by Darlington officials that she would not be hired because of her medical marijuana use.

“As a result of not being hired by Defendants, among other things, Plaintiff 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 states.

The ACLU said that an employer failing to hire a medical marijuana patient because of her or his status is a direct violation of the act.
Timothy C. Cavazza released a statement on behalf of Darlington that said it is company policy to not comment on pending litigation.
“We are confident, however, that both companies have at all times acted in compliance with state and federal law and that this suit will be dismissed,” the statement reads.

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