An Indiana County man is suing a Jeannette plastic lumber manufacturer, claiming company officials violated state employment laws when they rescinded a job based on the results of his drug test.
Michael Howard claims in a two-count lawsuit filed this week in Westmoreland County that he was improperly rejected for a job as a machine operator at Triumvirate Environmental despite having legal access to medical marijuana. According to the court filing, Howard claims he was offered the job in June, then completed a required preemployment drug screening. Results of the test were positive for marijuana use.
The company rescinded the job offer after the positive drug test, citing the job was a “safety sensitive position,” according to the lawsuit.
Howard claims the state’s Medical Marijuana Act, on the books in since 2016, bars employers from firing workers with valid medical marijuana cards, which enable them to purchase and use the drug. Employers also are prevented from refusing to hire employees who have valid medical marijuana cards, the suit states.
“Defendant’s actions in terminating plaintiff’s job offer due to his lawful use of medical marijuana is in violation of both the Pennsylvania Medical Marijuana Act and as an extension the Pennsylvania Public Policy exception of Pennsylvania Common Law,” the lawsuit states.
Triumvirate Environment did not respond for a request for comment.
Shanna Fegly, an employment attorney based in Allentown who has specialized in marijuana-related cases, said it remains unclear how the law cited in the court filing can be applied to termination and rescinding of job offers.
“It’s still a very new law and there’s not much case law, so employers do what they think is right,” Fegly said. She said there is a provision in the law that allows employers to define what positions fall under a hiring exception related to safety concerns.
Fegly, who is not associated with the lawsuit, said state officials should clarify the law.
“Generally, at the end of the day, people with medical marijuana cards don’t understand that employers can define what positions are safety sensitive. The courts also need to decide this, so there is more specific guidance as to how this is handled,” Fegly said.
Pennsylvania’s medical marijuana law has been has been evolving since first enacted. It allows state residents diagnosed with specific ailments to purchase and use marijuana through 181 state licensed dispensaries.
According to the state’s Department of Health, more than 441,000 medical marijuana cards have been issued this year. Dispensary sales of marijuana have topped $6 billion since 2020, according to the state.
In his lawsuit, Howard said he qualified for a medical marijuana card after he was diagnosed with anxiety.
He is seeking lost pay as well as unspecified compensatory and punitive damages.
