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ARTICLE · 25 NOVEMBER 2020

Pennsylvania Marijuana Update: Accommodations And Pre-Employment Testing

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Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees.

United StatesEmployment and HR
Labor And Employment Group
Labor And Employment Group
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Summary

Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees.

The Upshot

  • The Pennsylvania Commonwealth Court held in a case of first impression that neither the Pennsylvania Human Relations Act nor the Pennsylvania Fair Educational Opportunity Act require institutions of higher education to accommodate medical marijuana legally prescribed pursuant to Pennsylvania's Medical Marijuana Act. The court's reasoning signals that employers also may not be required to accommodate an employee's use of medical marijuana. The October 29, 2020 decision was in Harrisburg Area Cmty. Coll. v. Pa. Human Rels. Comm'n.
  • Philadelphia introduced an ordinance which would prevent most Philadelphia employers from conducting pre-employment testing for marijuana, with exceptions for certain positions—including workers who care for vulnerable individuals, workers who require a commercial driver's license, and workers who might

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