A Clinton County man has sued First Quality Tissue of Lock Haven in the U.S. Middle District Court, claiming he was wrongly dismissed in September 2020 for using prescribed medical marijuana.
Renovo’s Kevin Dennis was hired as a warehouse worker in July 2019 and said he had told management that he had a variety of ailments that required prescription medical marijuana to be used to treat the disability, according to the lawsuit in seven districts Week.
Through his attorney, Dennis claims that he never reported working under the influence of marijuana, and when the company ordered a urinalysis in September 2020, he was immediately hired after the test results returned for him positive for using the drug became.
Dennis argued that such termination was in violation of federal Americans with Disabilities Act and state medical marijuana and human relationships laws. His attorney, Manali Arora of Cherry Hill, New Jersey, told his former employer “Did not participate in an interactive process until he was fired.”
A month after his resignation, Dennis filed a discrimination complaint with the Equal Employment Opportunity Commission, which court records found alleged violations of the Americans with Disabilities Act.
The charges before Judge Malachy E. Mannion include: a violation of the Americans with Disabilities Act relating to disability discrimination; a violation of the act – failure to comply; a violation of the act – retaliation; a violation of the state human relations law – discrimination on the basis of a disability; a violation of the Human Relations Act – failure to comply; a violation of the Human Relations Act – retaliation; and a violation of the state Medical Marijuana Act – discrimination.
Dennis requested that the court issue an order prohibiting the defendant from maintaining his unlawful policy, practice or custom of discriminating against workers or prospective workers on the basis of their disability, the need for housing and / or the need for sheltered health leave. He also calls on First Quality Tissue to indemnify, reimburse, and fully indemnify First Quality Tissue for all payments and benefits that would have been received without the action taken, including, but not limited to, past and future lost earnings.
Dennis applies for liquidated and / or criminal damages in an amount that the court deems appropriate to the company for his “Willful, willful, malicious and outrageous behavior and to prevent the company or other employers from engaging in such misconduct in the future.”
In addition, Dennis asked the court to award him compensation for emotional distress and / or pain and suffering and to bring his claims to a jury trial.
A subpoena has been sent to First Quality Tissue.
First Quality Tissue Human Resources did not respond to a call for comment.
Get the latest news and more in your inbox