Bloomberg Law
May 19, 2023, 5:42 PM

Toshiba Beats Job Bias Appeal by CBD User Who Flunked Drug Test

Patrick Dorrian
Patrick Dorrian

A long-time Toshiba America Energy Systems Corp. employee failed to revive her lawsuit alleging her termination, after a random drug test showed THC in her system that was caused by her lawful use of CBD oil, was disability bias.

The unpublished ruling Friday by the US Court of Appeals for the Third Circuit could provide guidance to employers that have drug-free workplace policies. It also highlights the care that plaintiffs need to take when pleading a job discrimination claim.

Cherie Lehenky’s lawsuit under the Americans with Disabilities Act and the Pennsylvania Human Relations Act partly failed because her suit alleged ...

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