A Door Opens For NJ Worker Medical Marijuana Bias Claims
Law360 (April 9, 2019, 12:54 PM EDT) -- On March 27, 2019, the New Jersey Appellate Division issued a published decision in Wild v. Carriage Funeral Holdings, addressing whether disabled employees who use medical marijuana can bring discrimination and failure-to-accommodate claims under the New Jersey Law Against Discrimination. Wild marks the first time that a New Jersey state appellate-level court has addressed this issue.
The decision is favorable to employees who use medical marijuana off-duty pursuant to New Jersey’s Compassionate Use Medical Marijuana Act, or CUMMA, and it increases the level of risk for employers who test for marijuana.
Like many medical marijuana laws across the country, CUMMA...
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