Challenges are increasing for employers due to changing medical and recreational marijuana legislation in states and municipalities and two legal developments in Pennsylvania offer a bit of insight. In the first case, the Pennsylvania Commonwealth Court held that neither the Pennsylvania Human Relations Act nor the Pennsylvania Fair Educational Opportunity Act requires institutions of higher education to accommodate medical marijuana legally prescribed pursuant to Pennsylvania’s Medical Marijuana Act. In the second case, Philadelphia introduced an ordinance that would prevent most Philadelphia employers from conducting pre-employment testing for marijuana, with exceptions for certain positions, such as those who care for vulnerable individuals.
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