Ex-employee said Mexican restaurant chain wrongly fired him after he brought medical marijuana to work because of medical condition. Chipotle denied claims, and settled suit in federal court in Erie.
Ed PalattellaErie Times-News
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- An Erie resident, Zachary T. Spada, said in lawsuit that he had medical marijuana at Chipotle at 6611 Peach St. but did not use it while at work
- Chipotle fired him over violation of company policy, and Spada sued, claiming discrimination
- Though case settled, it touched on issues that have emerged since Pennsylvania legalized medical marijuana more than seven years ago
In October, three weeks into his job at the Chipotle Mexican Grill on upper Peach Street in Summit Township, Erie resident Zachary T. Spada brought what he said was medical marijuana to work in his jacket. He said he got it via his medical marijuana card.
Chipotle fired him, saying that the presence of marijuana violated policy.
Spada sued Chipotle in a case that ended up in U.S. District Court in Erie.
Representing himself, Spada, 33, claimed that the California-based Chipotle chain discriminated against him based on his medical condition, which the suit said "requires him to use medical marijuana."
Chipotle denied the claims, but settled the lawsuit with Spada three months after he filed it. U.S. District Judge Susan Paradise Baxter dismissed the case on Monday in light of the settlement.
Terms of the deal were not disclosed in court records, and Spada declined comment. Chipotle and its lawyers, in Atlanta and Pittsburgh, did not respond to requests for comment.
Medical marijuana and federal law
However much money Spada received, his case is another example of the legal issues that have arisen since Pennsylvania legalized medical marijuana through Act 16 of 2016, the Medical Marijuana Act.
The law prohibits employers from discriminating against an employee "solely on the basis of such employee's status as an individual who is certified to use medical marijuana."
But the law also states: "Nothing in this act shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment."
The law has "universally been interpreted" to allow employers to prohibit possession of medical marijuana at work, even if they are not using it there, said Erie lawyer Mark T. Wassell, who specializes in employment law and was not involved in Spada's case.
Wassell said state law is still leading to confusion because marijuana remains a Schedule I drug that is illegal under federal law.
Until marijuana is delisted as a Schedule I drug, Wassell predicted, the law on medical marijuana will "still be a challenge for employers to work through."
The relationship between state and federal law could play out more fully in another lawsuit filed in U.S. District Court in Erie.
On Tuesday, the district attorney in Warren County, Rob Greene, sued the federal government, Attorney General Merrick Garland and the heads of the FBI and Bureau of Alcohol, Tobacco and Firearms.
Greene claims the federal government is violating his Second Amendment rights to bear arms because his use of medical marijuana bars him from possessing firearms as long as medical marijuana is illegal under federal law.
Smell of marijuana triggers a firing at Chipotle
Spada's lawsuit was less weighty, but still touched on issues related to accommodations for medical marijuana.
Spada has a history of filing lawsuits on his own. He sued Chipotle in Erie County Common Pleas Court on Oct. 19 — nine days after he was fired. Chipotle transferred the suit to federal court in Erie on Nov. 14.
Spada worked at the Chipotle at 6611 Peach St. from Sept. 16 until Oct. 9. Spada has a medical marijuana card, he said in his lawsuit. The suit did not disclose his medical condition.
On Oct. 3, the suit claimed, he went to work at Chipotle after getting medical marijuana from the Rise dispensary located to the rear of the restaurant. He said he visited Rise because it was convenient. The suit never said he used the marijuana at work.
According to the suit: "After working for approximately 20 minutes, a manager informed Plaintiff that the office where employees keep their coats and personal (effects) smelled strongly of marijuana.
"Plaintiff told this manager that he was a medical marijuana patient and that he will not bring it to work anymore if it is going to be a problem. Plaintiff resumed his shift and was permitted to finish the shift without incident."
Spada said he was out sick from work for five days. When he returned to work on Oct. 9, according to the suit, a manager at Chipotle's fired him and said "he violated that company's drug-free workplace code by bringing his medical marijuana to work."
Spada claimed he was wrongfully terminated.
Chipotle says it followed policy, did nothing wrong
Chipotle denied his claims in a response filed on Nov. 21.
Chipotle in the response never said Spada used marijuana at work. Chipotle said Spada removed the marijuana from his jacket after being told of the smell on Oct. 3.
Spada "was permitted to resume and finish his scheduled shift after removing the marijuana from the premises," according to the response.
Chipotle in the response said Spada was fired "because he violated Chipotle policy by bringing marijuana to work."
Spada never had to respond to Chipotle's response in court.
On Dec. 19, Spada and Chipotle's lawyers filed a motion that asked Judge Baxter to stay the case because the parties had "finalized a settlement agreement."
A month later, at the request of Spada and Chipotle, Baxter dismissed the case.
Contact Ed Palattella atepalattella@timesnews.com. Follow him on X@ETNpalattella.
