A Texas hospital with a zero-tolerance policy on drugs fired a male nurse for testing positive for marijuana use. Representing himself, the nurse sued the hospital for wrongful termination and workplace harassment, but the lawsuit was thrown out.

Terry L. Hardin was a nurse at Christus Health St. Elizabeth Hospital in Beaumont, Texas. After accidentally sticking a co-worker with a forceps in an EGD procedure, Mr. Hardin was ordered to submit to a post-accident drug screening. On his way to the test, Mr. Hardin obtained a letter from his physician stating that he should be allowed to take marijuana for his hepatitis C, court documents state. Mr. Hardin presented the letter to the human resources director at Christus after the drug screen. But the hospital ignored the letter, noting that Texas does not let physicians prescribe marijuana, and fired him.

Mr. Hardin then filed a lawsuit against Christus, alleging the drug test was just a pretext for his firing. He accused the hospital of wrongful termination, civil rights violations and workplace harassment, adding that the hospital failed to offer him the option of rehabilitation.

The court rejected Mr. Hardin's claim under the federal Americans with Disabilities Act. Although hepatitis qualifies for ADA protection, the court said the law specifically bars current illegal drug users, and he failed to prove that the hospital treated him less favorably than employees who do not have hepatitis.

Citing the federal Age Discrimination in Employment statute, Mr. Hardin alleged he was discriminated against based on his age, gender and disability. "In the two years prior to the plaintiff being fired," his lawsuit stated, "he was subjected daily to offensive remarks, jokes, slurs and comments about his sex and age, he being a male nurse and in his 60s in a career prominently dominated by females."

The court noted, however, that Mr. Hardin himself admitted his age and gender were not factors in his firing. He had also alleged that the hospital constituted a hostile work environment, noting co-workers' comments about him. But Mr. Hardin admitted he was not particularly bothered by comments, and none of those cited in the suit related to his age.

Mr. Hardin could not be located and a representative of Christus Health said the organization would not comment on the decision.

Leigh Page