The New Jersey Supreme Court recently held that employees can maintain an action under the New Jersey Law Against Discrimination (NJLAD) for disability discrimination when an employee suffers an adverse employment action as a result of their lawful use of medical marijuana outside of the workplace during non-working hours. The plaintiff in Wild v. Carriage Funeral Home, Inc., used medical marijuana as permitted by the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), as part of his cancer treatment. Although he informed both his doctor and his employer of his marijuana use following a vehicle accident while working, he was required to submit to a drug test before being allowed to return to work. His employment was ultimately terminated. While the court’s decision, in this case, does not require accommodation for use of or impairment by marijuana at work, the decision highlights that employers cannot and should not assume that a positive drug screen for marijuana demonstrates impairment while at work.
