A New Mexico employer had the right to fire an employee for using medical marijuana, even though New Mexico courts have deemed medical marijuana to be compensable under state workers compensation law, a federal court has ruled.
Rojerio Garcia was hired in August 2014 to work as a team leader with Brentwood, Tennessee-based Tractor Supply Co. in Santa Fe, according to court records. During his initial interview for the job, Mr. Garcia informed a hiring manager that he had been diagnosed with HIV/AIDS and that he participates in the New Mexico Medical Cannabis Program to treat symptoms of his condition.
Mr. Garcia was required to undergo a post-offer, pre-employment drug test, which showed that he tested positive for cannabis metabolites, records show. Tractor Supply's hiring manager discharged Mr. Garcia on the basis of that positive drug test.
Mr. Garcia filed a complaint with the New Mexico Human Rights Division, accusing Tractor Supply of unlawful discrimination, according to court filings.
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