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Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

The Supreme Court of New Jersey recently held that a plaintiff’s lawsuit could proceed against the employer after being dismissed by the trial court, finding that using medical marijuana outside working hours may be found to be a reasonable accommodation in the case. The employee, who suffers from cancer, claimed that a disability qualified his medical marijuana use and that his off-site, non-working hours use of medical marijuana could be a reasonable accommodation under New Jersey’s Law Against Discrimination (LAD).

 

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Post By Ken Shafton (887 Posts)