Blogs

INDUSTRY NEWS

Court Dismisses Case Involving Claims of Disability Discrimination

The plaintiff alleged that she was terminated after testing positive for marijuana based on her use of CBD oil for a medical condition.

In January of 2019, Cherie Lehenky was subject to a random drug test by her employer, Toshiba America Energy Systems Corporation. On the day following her test, Lehenky provided Toshiba with a letter from her doctor stating that she had been treated with cannabidiol (CBD) which "may have a low level of THC," the psychoactive substance in marijuana which can elicit a positive drug test result. The plaintiff had never previously reported her medical condition (an inflammatory autoimmune connective tissue disease) or her CBD use to Toshiba. The company maintains a drug and alcohol policy requiring employees to report the use of medications that could be deemed "illegal" prior to submitting to a drug test. Lehenky's drug test result was positive for marijuana and she was subsequently terminated per company policy.

Following her termination, Lehenky filed suit against Toshiba, claiming disability discrimination under the Americans with Disabilities Act and the Pennsylvania Human Relations Act ("PHRA"). Ultimately, the Pennsylvania federal court dismissed all claims for a number of reasons, including that Toshiba did not have prior knowledge of the employee's disability nor did the company regard the employee as an illegal drug user. Furthermore, the court contended that Toshiba's drug testing policy did not impose a disparate impact on qualified persons with disabilities nor did it constitute an impermissible medical inquiry.

It is important to note that CBD is not yet regulated by the U.S. Food and Drug Administration.

Employers are encouraged to review jurisdictional laws regarding CBD use and internal drug screening policies to ensure alignment and compliance.

Posted: March 8, 2022


All Rights Reserved © 2022 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why
RFP Kit

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution
Sending...
Thank you for your interest in Truescreen. We have received your message and will contact you within one business day.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.

Get In Touch

Contact Us *fields required

What are your Interests?optional

You are leaving Truescreen.com

Ok, Continue Cancel

×
×