EEOC Calls Marijuana Rationale In ADA Case A Smokescreen

By Ben James (October 15, 2014, 6:31 PM EDT) -- The U.S. Equal Employment Opportunity Commission urged a Michigan federal court Tuesday to reject an assisted living facility company's bid for sanctions in an Americans with Disabilities Act suit, calling the company's argument that it let an epileptic would-be worker go for using medical marijuana a smokescreen.

The EEOC responded to a Sept. 26 motion from The Pines of Clarkston Inc. that said sanctions were in order because the agency and intervening plaintiff Jamie Holden wouldn't withdraw their claims.

The defendant said their allegations weren't viable because Pines didn't have enough workers to meet the ADA's jurisdictional threshold and because Holden...

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