Job Offer Rescission for Positive Marijuana Test Puts Pennsylvania Steelmaker Under Fire
Tags : Drug Testing
Plaintiff John DellaVecchio claims steelmaker Cleveland-Cliffs Inc. rescinded his job offer solely based on a positive drug test for marijuana.
The plaintiff informed Cleveland-Cliffs of his medical marijuana prescription and provided them with a copy of his medical card. A month after the administration of a pre-employment drug test, the employer informed plaintiff that a positive drug test result for marijuana violated company policy and withdrew the job offer. He was given no other reason for the refusal to hire.
The complainant seeks a jury trial against his former prospective employer to argue discrimination; the Pennsylvania Medical Marijuana Act prohibits employers from refusing to hire an individual based solely on their medical marijuana use. The suit seeks relief against the company in the form of back wages, lost benefits, and more than $150,000 in compensatory damages.
Employers are encouraged to review state drug testing rules and employment practices to ensure compliance and avoid problematic lawsuits.
Posted: January 30, 2023
All Rights Reserved © 2023 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!