While questions about criminal history during the application process are generally impermissible, employers are permitted to conduct a criminal background check once a conditional job offer has been made. However, employers may only take "adverse action" based on an applicant's criminal history if the applicant is deemed unsuitable for the position based on an "individual assessment."

If adverse action is taken based on the subject's criminal history, the employer is required to give the subject:

• a written copy of the decision;
• a copy of the report; and
• an opportunity to offer information/context about the criminal history and/or any related rehabilitation.

It is important to note that the following statement must be included in the written notice to an applicant:

"This notice is provided in accordance with the City of Gainesville Code of Ordinances, Chapter 14.5, Section 14.5-181, which regulates the process and timing of criminal background checks conducted on job applicants."

Violations of the ordinance carry a potential civil penalty of $500. Half of all recovered penalties will be awarded to the complainant.

The plaintiff informed the employer of his medical marijuana prescription and provided them with a copy of his medical card. A month after the administration of a pre-employment drug test, the employer informed plaintiff that a positive drug test result for marijuana violated company policy and withdrew the job offer. He was given no other reason for the refusal to hire.

The complainant seeks a jury trial against his former prospective employer to argue discrimination; the Pennsylvania Medical Marijuana Act prohibits employers from refusing to hire an individual based solely on their medical marijuana use. The suit seeks relief against the company in the form of back wages, lost benefits, and more than $150,000 in compensatory damages.