Job Offer Rescission for Positive Marijuana Test Puts Pennsylvania Steelmaker Under Fire

Plaintiff John DellaVecchio claims steelmaker Cleveland-Cliffs Inc. rescinded his job offer solely based on a positive drug test for marijuana.

The plaintiff informed Cleveland-Cliffs of his medical marijuana prescription and provided them with a copy of his medical card. A month after the administration of a pre-employment drug test, the employer informed plaintiff that a positive drug test result for marijuana violated company policy and withdrew the job offer. He was given no other reason for the refusal to hire.

The complainant seeks a jury trial against his former prospective employer to argue discrimination; the Pennsylvania Medical Marijuana Act prohibits employers from refusing to hire an individual based solely on their medical marijuana use. The suit seeks relief against the company in the form of back wages, lost benefits, and more than $150,000 in compensatory damages.

Employers are encouraged to review state drug testing rules and employment practices to ensure compliance and avoid problematic lawsuits.

Posted: January 30, 2023

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