An employee was terminated after testing positive for marijuana on a return-to-duty drug test. Although she had a medical marijuana card, it was expired at the time she tested positive. The card was renewed and a doctor’s note was provided. A federal court in Pennsylvania overseeing Hudnell v. Jefferson University Hospitals, Inc., held that the medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. The case highlights the fact that there is a fine line when it comes to reasonable requests and when it comes to medical marijuana use, employers may face disability discrimination and retaliation claims.
