NJ AG: Company Unlawfully Rescinded Job Offer to Cannabis Patient

New Jersey Attorney General Takes Legal Action Against Employer for Discriminating Against Medical Cannabis Patient

New Jersey Attorney General Matthew J. Platkin announced this week that legal action has been initiated against an employer accused of violating state law by rescinding a job offer to a medical cannabis patient following a positive THC test.

“New Jersey’s civil rights laws require that employers discuss how to develop accommodations that will allow employees with disabilities to perform their duties,” Platkin stated. “But this employer cut off all communication, refusing to even try to work with their candidate. Their failure to act violates the law, and we will not tolerate that.”

Legal Findings and Next Steps

Platkin’s office revealed on Tuesday that the Division on Civil Rights issued a finding of probable cause against Delaware-based Prince Telecom. This finding is a precursor to prosecution, but the case will first go to conciliation, offering both parties a chance to settle the matter voluntarily.

Background

The case began when a job applicant at Prince Telecom completed a drug screening in October 2020. Days later, a human resources representative informed him that his test was positive for THC and that the job offer was being rescinded. The applicant responded by explaining that he was a registered medical marijuana patient.

“My failed drug test is due to a medical condition which I explained to the medical and testing facility,” the applicant said in his complaint. “I believe there are protections afforded me under law. I have never been in this situation before. So, I don’t know what to do at this point. Can someone please reach out to discuss?”

However, the company’s representative did not respond. Approximately a week later, the applicant spoke with the HR director, who stated a second drug test would be necessary. The applicant indicated that this test would also likely be positive due to his medical marijuana use. At that point, communication from the company ceased entirely.

Employer’s Argument and State’s Response

Prince Telecom argued that accommodating the applicant was impossible due to the safety-sensitive nature of the cable installation technician position. They claimed the role’s essential functions could not be performed safely by someone using medical cannabis.

“There is no reasonable accommodation that would enable Claimant to perform the essential functions of his job,” the company contended. “The only possible accommodations would be to eliminate essential job functions or to pay two technicians to do the job of one, neither of which is reasonable.”

Despite this, the Division on Civil Rights found probable cause to believe Prince Telecom violated anti-discrimination laws. The state’s medical marijuana law and general Law Against Discrimination (LAD) provide employment protections for medical marijuana patients. The finding noted that while the law prohibits operating heavy machinery under the influence of marijuana, it also makes it unlawful to take adverse employment action against an employee solely based on their status as a registered medical marijuana patient.

Broader Implications and Enforcement

“There is sufficient evidence to credit Complainant’s allegation that Respondent failed to accommodate his disability in violation of LAD,” the finding states. “There is also sufficient evidence to credit Complainant’s allegation that Respondent refused to hire Complainant based on disability.”

Sundeep Iyer, director of the AG office’s Division on Civil Rights, emphasized the importance of employer compliance with disability laws. “Our laws provide strong protections against discrimination based on disability. Those protections mean that employers can’t discriminate against employees based on their treatment for a disability, including their use of marijuana to treat or alleviate the symptoms of a disability,” Iyer said.

Previous and Ongoing Legal Actions

This case is part of a broader effort by Attorney General Platkin to uphold employment protections for legal cannabis users in New Jersey. In 2022, Platkin informed law enforcement officials that state law does not permit the firing of police officers for off-duty cannabis use, leading to a lawsuit from Jersey City officials. Platkin revised the guidance the following year, generally barring marijuana screenings in most circumstances following the enactment of legalization.

In another notable case, a former Amazon warehouse employee sued the company in 2019, alleging termination after testing positive for THC and requesting a disability accommodation for his anxiety disorder to use cannabis legally.

New Jersey continues to set precedents in protecting medical marijuana patients from employment discrimination, emphasizing the importance of fair treatment and legal compliance in the workplace.