Bartender Claims His Termination For Smoking Marijuana At Work Was Discriminatory

Darin Burton alleged that his employer, Tugboat Annie's Pub (the "Employer"), discriminated against him on the ground of physical disability when he was discharged for smoking marijuana at the workplace. Burton claimed that the Employer had been aware since the outset of his employment that he used medical marijuana to deal with chronic pain from degenerative disk disease. The Employer denied that it had any knowledge of either his disability or that his marijuana use was related to any medical condition.

The Facts

Burton was employed by the Employer as an assistant manager and bartender from April of 2012 until his termination on January 9, 2015. His job duties included serving alcohol to customers and monitoring customer alcohol consumption and conduct to ensure the Employer abided by its common law and statutory obligations under the Liquor Control and Distribution Act, the Occupational Health and Safety Regulations, and the Occupier's Liability Act.