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PA Superior Court Affirms the Existence of a Cause of Action for Discrimination Under the Medical Marijuana Act

August 10, 2021

An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding of the Superior Court in the case of Moses Taylor Hospital v. Palmiter.  As you may recall, we discussed Palmiter in 2019, when the case was filed, and again in 2020 when the Lackawanna County Court of Common Pleas recognized the right of an employee to sue an employer for discrimination under the MMA – the first court in Pennsylvania to do so.  The Superior Court decision affirms the county court’s holding and creates binding legal precedent for courts across the Commonwealth of Pennsylvania.

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Denise E. Elliott

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