Harrisburg Area Community College v. Pennsylvania Human Relations Commission
Overview
Harrisburg Area Community College v. Pennsylvania Human Relations Commission (Commonwealth Court of Pennsylvania, October 29, 2020): The court ruled that Pennsylvania’s Medical Marijuana Act (1) does not require employers to make accommodations for medical marijuana patients and (2) is silent on the rights of college students to use medical marijuana. In 2018, a nursing student argued she was denied accommodation to use medical marijuana to treat posttraumatic stress disorder and irritable bowel syndrome. She alleged that, in failing to accommodate her medical marijuana use, Harrisburg Area Community College violated anti-discrimination provisions of the Pennsylvania Human Relations Act and the Pennsylvania Fair Educational Opportunities Act. The court disagreed. These laws do not “limit an employer’s ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee’s conduct falls below the standard of care normally accepted for that position.” Even if the law required employers to make such accommodations, it would not mean that students must also be accommodated. Read the decision here.
View all cases in the Judicial Trends in Public Health – January 15, 2021.