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.