Employment Update: Another Pennsylvania Court Says A Medical Marijuana User Is Not Disabled Under State Disability Law
On December 3, 2020 by Schnader in Labor and EmploymentKaren Baillie published a client alert, “Employment Update: Another Pennsylvania Court Says A Medical Marijuana User Is Not Disabled Under State Disability Law.”
Medical marijuana law as applied in employment settings continues to develop as courts in Pennsylvania grapple with discrimination claims based on a variety of statutory theories.
In a recent decision, Palmiter v. Commonwealth Health Systems, the Court of Common Pleas for Lackawanna County, Pennsylvania dismissed a disability discrimination lawsuit brought by a former employee who claimed that she failed a drug screening due to the presence of medical marijuana used in compliance with the Pennsylvania Medical Marijuana Act. This is the second lawsuit involving these same parties but based on different employment discrimination claims.