Penn. Hospital Can't Duck Ex-Worker's Medical Pot Bias Suit

Law360 (January 7, 2021, 10:27 PM EST) -- A Pennsylvania federal judge on Thursday denied a bid to toss claims that the firing of a hospital employee for use of her medical marijuana was discriminatory, saying she has sufficiently supported her retaliation allegation and the hospital misconstrued her claims.

U.S. District Judge Gerald J. Pappert rejected Thomas Jefferson University Hospitals Inc.'s motion to dismiss two claims brought by Donna R. Hudnell — failure to accommodate and retaliation under the Pennsylvania Human Relations Act. While the hospital had argued that Hudnell's report of her medical marijuana use is not protected by the PHRA because it falls outside the legislation's definition of...

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