A Long Island woman has filed a suit against Home Depot after she claims she was denied employment due to her use of medical marijuana. Felita Dobbins suffers from epilepsy and chronic pain, and uses infused oil three times a week according to CBS 2 New York.  Dobbins told the news station she was on the verge of being hired by Home Depot until she told them about her medical marijuana registry identification card issued by the state Department of Health.

“I want the job, still. I still want to work. If Home Depot asks me right now to work for them, I will work for them,” Dobbins said.

The mother of five is desperate for a job, however, now she’s filing a lawsuit against Home Depot for denying her that chance. Dobbins claims two weeks ago she was with a supervisor at the store in Westbury, New York filling out her final paperwork to start as a sales associate.

“I said, ‘I got that energy, that spunk, so I’m ready to work,’ and she said, ‘OK, I need to let you know we take a drug test,’” Dobbins said.

Dobbins decided to be open and hones telling her potential employer, “I just passed her my medical marijuana ID. When she took it she said, ‘Oh,’ and she said, ‘Hold on for a second,’ like she made the biggest mistake in her life when I signed those papers.”

Dobbins says the supervisor took the marijuana card and went to check with a manager. She says she got worried and turned on her cellphone when the supervisor returned. CBS2’s Jennifer McLogan listened to the recording.

“We are not able to hire you,” the supervisor says.

“With the medical marijuana?” Dobbins responds.

“Right, we do drug testing,” the supervisor says.

“But you do know this is medicine,” Dobbins says.

“I wanted to make sure we didn’t change our policy. Sorry, through company practices, our store co-manager says it’s unacceptable,” the supervisor says.

Attorney Kenneth Mollins says, “It’s slam dunk improper under the Compassionate Cares Act. It’s absolutely wrong, it’s absolutely discrimination and a national company like Home Depot should not discriminate based on medical usage.”

Mollins told the news station under New York human rights law, no one cannot be denied a job or fired based on medical marijuana usage unless one is high on the job and not functioning, or there are fewer than four employees in the company. The lawsuit could run well over $1 million for lost wages and punitive damages.

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