Male nurse sues hospital for gender discrimination, claims pot was prescription

By Michelle Massey, East Texas Bureau | Oct 6, 2010

A male nurse is suing a Christus hospital for gender discrimination after he was terminated for using what he claims was prescription marijuana.

Terry L. Hardin filed suit against Christus Hospital St. Elizabeth and Christus Health Southeast Texas on Sept. 28 in the Eastern District of Texas, Beaumont Division.

Hardin was terminated from his position on Jan. 4 after he tested positive for marijuana on a drug test.

However Hardin argues he had a "prescription from a doctor for the drug to help with his Hepatitis C," and that the drug test was used as a pretext for his termination.

Hardin also states the hospital failed to offer him the option of entering an approved rehabilitation program.

The hospital is accused of wrongful termination, civil rights violations and work place harassment.

The plaintiff states he was a victim of ongoing discrimination based on his age, sex and disability.

"In the two years prior to the plaintiff being fired, 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 lawsuit states.

Hardin states he has suffered mentally, emotionally and financially because of his dismissal and argues he should receive an appropriate compensation award.

The plaintiff is acting as his own attorney.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:10-cv-00596

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