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Federal Court Finds Implied Private Right of Action Under Pennsylvania’s Medical Marijuana Act

Under Pennsylvania’s Medical Marijuana Act (MMA), “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.” The claims of the employee in Hudnell v. Thomas Jefferson University Hospitals, Inc., for violations of the Pennsylvania Human Relations Act and the Philadelphia Fair Practices Ordinance, were dismissed for failure to exhaust her administrative remedies. Hudnell’s employment was terminated for testing positive for marijuana without having a valid medical card, even though she completed the card renewal process and reported that she was recertified following a negative test.

 

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Post By Ken Shafton (848 Posts)