Turkey Product Producer Involved in Class Action Suit Involving Applicant Discrimination Accusations

Plaintiff Douglas Mohr lodged a class action suit in Arkansas federal court on October 5, 2021 claiming violations of Amendment 98 of the Arkansas constitution after Butterball denied him a position per his status as a medical marijuana patient.

Amendment 98 allows employers to maintain drug testing programs, deny employment for drug use on company property and refrain from hiring applicants that test positive for substances other than marijuana. However, the amendment prohibits an employer from discriminating against medical marijuana patients during the application process provided that the position is not formally designated as "safety sensitive." Mohr alleges that the position he applied for (Production Associate) was not designated in writing as "safety sensitive" on the application or in any other materials supplied to him by Butterball.

According to the complaint, Butterball extended Mohr a conditional employment offer contingent upon a passed drug test and physical. Mohr presented a copy of his medical marijuana card when he arrived at his drug test appointment. Mohr's test results were positive for marijuana and negative for all other substances. He alleges that he was subsequently escorted off the company premises and informed that "he was no longer eligible for hire as a result of the positive drug test for marijuana."

The proposed class includes all those denied employment by Butterball solely for their status as medical marijuana patients, encompassing the one-year timeframe prior to the date the lawsuit was filed. It is estimated that the class will likely include between 40 and 100 members. Beyond a class action status award and jury trial, Mohr is also seeking back pay, lost wages, benefits/other compensation denied or lost and reimbursement of legal fees.

Employers are encouraged to carefully review jurisdictional laws pertaining to drug testing in the pre-employment process and ensure that internal documentation is properly drafted in alignment with those laws.

Posted: October 18, 2021

All Rights Reserved © 2021 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel