Claim Filed Against Senior Care Home Alleging ADA and State Discrimination Law Violations
Tags : Drug Testing
On April 20, 2022, Plaintiff Michelle Ustaszeski-Hutchinson filed a complaint accusing non-profit assisted living organization, Phoebe Ministries, of illegally withdrawing a job offer based on the results of a drug test
The claim stated that Phoebe Richland, a senior care facility located in Richlandtown, PA, was prepared to hire Plaintiff Ustaszeski-Hutchinson, provided that she passed a medical examination and drug test. According to the complaint, Plaintiff provided both a urine sample and a copy of her state medical marijuana card in early February. Following the test, Plaintiff received a phone message indicating that the employer would like to speak to her regarding the test results. The Plaintiff alleged that she made several attempts to return the call but no one ever answered; Phoebe Richland withdrew the job offer via email on February 22, 2022. Plaintiff claims that the employer rescinded the offer "based in whole or part, on the information collected during the pre-employment screening process."
The claim indicates that Plaintiff was prescribed cannabis by a Pennsylvania physician to treat post-traumatic stress disorder and anxiety disorder, both of which are qualified conditions under the Americans with Disabilities Act (ADA). The prescribing physician told Plaintiff to use the substance in the evenings so that there would be no affect to her work performance during the day. The drug was prescribed to Plaintiff in accordance with the state's 2016 Medical Marijuana Act.
Beyond ADA violations, Plaintiff also alleged that Phoebe Ministries violated Section 2103(b) of Pennsylvania's medical cannabis law, which says that "no employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee's compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana."
Employers are encouraged to review internal hiring protocols to ensure compliance with the terms of the ADA and other jurisdictional laws regarding employment practices and drug testing.
Posted: April 27, 2022
All Rights Reserved © 2022 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!