In a lawsuit that experts say is just the tip of the iceberg, attorneys for Waterbury resident Brenda Dionne have filed a class action against a Connecticut-based health conglomerate.

The suit alleges the woman, who qualifies to take medicinal marijuana under the state's 2012 law allowing use under certain circumstances, was told she could no longer work for her employer if she didn't pass a drug test.

The lawsuit, filed May 14 in Hartford Superior Court against Trinity Health of New England Corp. Inc., touches on issues that resonate beyond that case, experts say.

Attorneys say it puts the spotlight on claims that municipalities and big corporations have sometimes disregarded state law by either firing, not hiring or demoting individuals who—like Dionne—suffer from a debilitating medical conditions that allow them to legally use cannabis under the Connecticut General Statutes provision related to the Connecticut Palliative Use of Marijuana Act.

"This class action is fantastic, and is a great way to effectuate change," said Bloomfield solo practitioner Aaron Romano, whose specialty is marijuana law.

Romano has no connection to the Dionne case. But he welcomed the litigation.

"I have throughout the years since 2012 represented people who were offered positions and asked for a drug test, and then denied employment even though they qualified for medical marijuana, which is legal in this state," he said.

Cody Guarnieri, the Hartford attorney representing Dionne, agreed his client is not alone in her allegations.

"As a midsized law firm in central Connecticut, we have had the occasion to deal with a number of these complaints, at least half a dozen," said Guarnieri, a partner with Brown Paindiris & Scott.

Guarnieri's firm also representing a Waterbury firefighter raising similar claims against the city.

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Federal and state laws

Quinnipiaic University School of Law professor John Thomas said the Connecticut law couldn't be more clear.

"The Connecticut statute protects employees who are legitimately using medical marijuana," he said.

But the federal Controlled Substance Act isn't as clear, according to Thomas.

"I assume the employer lawyers have researched state law, and know they are wrong," Thomas said Wednesday. "Maybe they are intending to take this all the way to the U.S. Supreme Court and test the merits of the CSA, and spend the requisite resources to do so. If not that, I'm flabbergasted because their actions clearly violate state law."

In a statement Wednesday, a representative for Trinity Health of New England said, "In order to respect the privacy of our colleagues and the people we serve, as well as follow our confidentiality policies, Saint Mary's Hospital and Trinity Health of New England do not comment on personnel matters."

At issue is the loss of employment for 51-year-old Dionne, whom Guarnieri said suffers from post-traumatic stress disorder, which qualified her for medical marijuana use under state law.

Urology Specialists P.C. had employed Dionne since May 1999 as a public relations liaison, according to the May 14 lawsuit filed in Hartford Superior Court. In December 2019, on learning of Trinity Health of New England's acquisition of Urology Specialists, Dionne was told she'd have to fill an employment application for Trinity. She was offered the job of front desk receptionist for Urology Specialists on Jan. 14 and her start date was March 1. Trinity Health has about 13,000 employees.

Dionne, as a prerequisite for the job, had to undergo a physical examination that included a urine test. That test showed she had the presence of the active ingredient for marijuana. Even though Dionne told her employers she was legally allowed to take medical marijuana for her PTSD, she was told she'd have to "clean out" and "get clean" before she worked, the lawsuit alleged. Her last day was Feb. 25.

The lawsuit seeks monetary damages.

"This is so wrong," Guarnieri said. "This is partly about medical marijuana but also partly about the respect for the policy decisions made for the people of Connecticut and their representatives that make our laws."

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