Topic: Updates on Legalized Marijuana in the PA Workplace

Session Overview: 

This presentation will provide attendees with a refresher on the basics of the Pennsylvania Medical Marijuana Act, as it relates to the workplace and the use of medical marijuana by employees.  The presenter will then provide updates, through court decisions, on a variety of questions surrounding medical marijuana and the workplace – i.e. can employers maintain a zero tolerance policy; how does an employer determine if a medical marijuana user is under the influence; are medical marijuana users protected from discrimination under either the ADA or the PHRA; if an injured worker is using medical marijuana to treat a work injury, must the employer pay for the marijuana; and how to handle medical marijuana users who perform safety sensitive jobs.  The goal of the presentation is to equip employers with the tools and information to keep their workplaces safe while complying with the law and with patient rights.

Presenter: Denise E. Elliott, Esq.  – McNees, Wallace & Nurick

As a member of the McNees Labor and Employment Practice Group, Denise focuses her practice providing representation and counsel to clients in employment discrimination litigation, ADA/FMLA compliance, safety drug and alcohol testing and workers’ compensation and workplace health issues.

An experienced litigator, Denise represents public and private sector employers in all phases of employment related litigation, including before state and federal courts, arbitrators, administrative law judges (such as workers’ compensation judges and unemployment compensation referees) and administrative agencies, including the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission.  

Denise is a frequent speaker and author on the topic of medical marijuana in the workplace.  Her articles on this topic have been published by Inc. Magazine, Corporate Counsel Business Journal, The Legal Intelligencer, and Business Woman Magazine, among others.  Denise is a member of the Pennsylvania Chamber of Commerce Medical Marijuana Taskforce and has testified before the Senate Health and Human Services Committee regarding recommended revisions to Pennsylvania’s Medical Marijuana Act.  Denise is certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association Workers’ Compensation Law Section and is a member of the Pennsylvania and Lancaster Bar Associations. 

Denise resides in Lancaster Township, Lancaster County with her husband and two teenage daughters. Denise believes strongly in philanthropy, giving back to her community and honoring the legal profession.  In her spare time, Denise enjoys running, reading, spending time at the beach and rooting for all Philadelphia sports teams.

This meeting has been submitted for HRCI/SHRM general credit approval.