The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Nature's Herbs and Wellness Center, a Colorado marijuana dispensary, alleging it unlawfully fired a budtender due to memory issues tied to a disability. The lawsuit, filed Monday, claims the dispensary discriminated against Megan Myrant, who has memory difficulties resulting from a mini stroke she suffered as a child.

Allegations of Disability Discrimination

According to the complaint, Myrant was hired by Nature's Herbs in October 2019 to work at its High Plainz Strains store in Garden City. During her interview, she disclosed her disabilities, including memory issues caused by a transient ischemic attack (TIA), or mini stroke, that occurred when she was nine years old. She also informed her managers of her diagnoses of type 1 diabetes, post-traumatic stress disorder (PTSD), generalized anxiety disorder, and depressive disorder, which further impacted her memory.

In December 2019, during a performance review, Myrant was told she needed to improve her memory of product prices. She reiterated her disabilities and explained how they affected her memory. The following month, Myrant received a verbal warning for failing to clock in and out of her shifts six times. In response, she requested a meeting with management to discuss the warning, expressing concerns that it was discriminatory given her known disabilities.

Internal Emails Reveal Disparaging Remarks

The EEOC's complaint details email exchanges between company managers that suggest discriminatory attitudes toward Myrant. After Myrant disclosed more information about her memory difficulties, Karen Green, the human resources manager, referred to her as a "fruitcake" in an email and stated that "she can't do the job we hired her for."

Despite suggestions from Green that accommodations could be made, such as placing Myrant in a role that did not require memorizing prices, the dispensary's owners instructed Green to "cut her loose." Myrant was terminated on January 13, 2020. Although her termination form cited "insubordination" as the reason for her firing, the EEOC argues that this was a pretext for disability discrimination, pointing to more severe infractions by other employees who were not fired.

Nature Herb Disability Suit : EEOC's Legal Action

The EEOC is accusing Nature's Herbs of multiple violations, including failure to accommodate Myrant's disabilities, disparate treatment, and retaliation for protected activity. The lawsuit seeks back pay for Myrant, damages, and an injunction to prevent further discriminatory practices at the dispensary.

A spokesperson for the EEOC declined to comment on the ongoing case, and representatives for Nature’s Herb & Wellness have not yet responded to requests for comment.

Nature Herb Disability Suit : Conclusion

The Nature Herb Disability Suit highlights the challenges disabled employees face when seeking reasonable accommodations in the workplace. The EEOC's lawsuit emphasizes the importance of protecting employees from discrimination based on disabilities, particularly when companies fail to consider accommodations that could allow individuals to perform their jobs effectively.