Blogs

INDUSTRY NEWS

Claim Filed Against Senior Care Home Alleging ADA and State Discrimination Law Violations

On April 20, 2022, Plaintiff Michelle Ustaszeski-Hutchinson filed a complaint accusing non-profit assisted living organization, Phoebe Ministries, of illegally withdrawing a job offer based on the results of a drug test

The claim stated that Phoebe Richland, a senior care facility located in Richlandtown, PA, was prepared to hire Plaintiff Ustaszeski-Hutchinson, provided that she passed a medical examination and drug test. According to the complaint, Plaintiff provided both a urine sample and a copy of her state medical marijuana card in early February. Following the test, Plaintiff received a phone message indicating that the employer would like to speak to her regarding the test results. The Plaintiff alleged that she made several attempts to return the call but no one ever answered; Phoebe Richland withdrew the job offer via email on February 22, 2022. Plaintiff claims that the employer rescinded the offer "based in whole or part, on the information collected during the pre-employment screening process."

The claim indicates that Plaintiff was prescribed cannabis by a Pennsylvania physician to treat post-traumatic stress disorder and anxiety disorder, both of which are qualified conditions under the Americans with Disabilities Act (ADA). The prescribing physician told Plaintiff to use the substance in the evenings so that there would be no affect to her work performance during the day. The drug was prescribed to Plaintiff in accordance with the state's 2016 Medical Marijuana Act.

Beyond ADA violations, Plaintiff also alleged that Phoebe Ministries violated Section 2103(b) of Pennsylvania's medical cannabis law, which says that "no employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee's compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana."

Employers are encouraged to review internal hiring protocols to ensure compliance with the terms of the ADA and other jurisdictional laws regarding employment practices and drug testing.

Posted: April 27, 2022


All Rights Reserved © 2022 Business Information Group, 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.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.

Get In Touch

Send a Message *fields required

What are your Interests?optional

Contact Information

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

Take a look
RFP Kit

What our clients are saying

We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!

Licensing and Registration Manager
Investment and Insurance Company

I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.

Human Resources Administrator
Global Financial Services Firm

You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.

Principal Consultant
Major Professional Services Network

I am confident whenever we add a product with your company that I will have a good experience.

Division Manager
Insurance and Financial Services Agency

We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.

Agent
Large Insurance Agency
Sending...
Thank you for your interest in Business Information Group. 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 800-369-2612.
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 800-369-2612.

Get In Touch

Send a Message *fields required

What are your Interests?optional

You are leaving BIGReport.com

Ok, Continue Cancel

×
×