Individuals may file private discrimination claims under Pennsylvania’s Medical Marijuana Act (MMA), the U.S. District Court for the Eastern District of Pennsylvania recently decided. The September 25, 2020, ruling joins a previous state court decision coming from Lackawanna County, practically settling the issue for employers until any appeals court takes it up.
Facts
Donna Hudnell began working for Thomas Jefferson University Hospital in 2016 and experiencing significant back pain in 2018. A doctor associated with the hospital certified her to use medical marijuana, which she began using to ease her pain. After the pain increased, she took a leave of absence in 2019 to undergo surgery.
