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New Jersey Employers Must Accommodate Authorized Use of Medical Marijuana Outside of Workplace

The plaintiff in Wild v. Carriage Funeral Holdings, Inc., a cancer patient and lawful user of medical marijuana, was involved in a motor vehicle accident while at work. Although he told a hospital physician that he possessed a license to use medical marijuana, the physician determined that a drug test was not necessary because it was clear he wasn’t under the influence of marijuana at that time. The employee’s employment was terminated following a required drug test to return to work. The plaintiff filed a suit, alleging disability discrimination, and failure to accommodate under the New Jersey Law Against Discrimination (LAD). The New Jersey Supreme Court concluded that the plaintiff stated a LAD claim that was sufficient to survive the employer’s motion to dismiss.

 

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Post By Ken Shafton (848 Posts)