FONDA — An Amsterdam wastewater treatment plant worker has been awarded $191,762 by a jury in state Supreme Court in Montgomery County, which found the city violated state law when officials terminated the man with a medical marijuana license for failing a drug test.
Attorneys for the city argued in court filings that the worker did not disclose his prescription, as required by employee policies, until he was suspended and then fired after failing a drug test in February 2020.
Thomas Apholz, represented by Luibrand Law Firm, accused the city of unlawful employment discrimination and failure to accommodate under state Human Rights Law in a lawsuit filed in February 2021.
State law recognizes individuals prescribed medical marijuana as having a disability, which makes them members of a protected class safeguarded from employment discrimination.
The case was presented to a jury last week during a five-day trial before Judge Rebecca Slezak. The jury found in favor of Apholz on June 30, according to a press release issued by attorney Kevin Luibrand.
The outcome of the trial was first reported by The Times Union.
Beyond the $191,762 monetary award, Apholz is entitled to reinstatement to his former job at the wastewater treatment plant and recovery of his legal fees from the city based on the decision, according to the release.
“The jury found that senior Amsterdam city officials refused to provide Mr. Apholz an accommodation for his medical condition after he…