UPDATE: ACLU files suit against Wal-Mart in Joe Casias case

Published: July 1, 2010

Earlier this year we told you the story of Joe Casias, a 30-year-old father of two from Battle Creek, Michigan, who was fired by Wal-Mart for using medical marijuana in compliance with state law. Casias, who suffers from severe pain that resulted from sinus cancer (which is in remission), had dutifully served the world’s largest retailer despite his condition for five years. In fact, he was named the 2008 Associate of the Year. After Michigan voters approved an MPP-sponsored medical marijuana law in 2008, Casias’ oncologist recommended it and the Michigan Department of Community Health issued him a medical marijuana ID card. The results were quite positive. Casias reported increased relief with decreased side effects like the severe nausea his previous medication had caused. Still, he never ingested marijuana at the store or came to work while under the influence of marijuana.

For this, not only was he fired, Wal-Mart even had the temerity to challenge his unemployment benefits. After an outpouring of hostility following MPP’s call for a national boycott, the company relented on challenging his unemployment benefits and issued a hollow non-apology claiming they were "sympathetic" to the man they fired and calling the situation “unfortunate.”

But now justice may be catching up to Wal-Mart. Earlier this week the ACLU filed suit on behalf of Casias for his wrongful termination under Michigan’s voter approved law which states clearly that medical marijuana patients "shall not be subject to … penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board" if they’re in compliance with the act. The suit seeks back pay, emotional distress, and punitive damages.

"Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine," said Scott Michelman, staff attorney with the ACLU. "No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors."

Shame on you, Wal-Mart, and kudos to Casias’ attorneys for holding Wal-Mart accountable for their illegal and immoral actions. Here’s hoping Casias, who remains unemployed (Wal-Mart is one of the area’s biggest employers) and continues to fight an uphill medical battle, can look forward to a jury verdict, peace of mind, and what I hope is a very, very big check. We’ll keep you posted in the meantime, and for more check out the ACLU’s page dedicated to the case.