New Jersey’s cannabis law allows job applicants and employees to sue over adverse employment actions tied to recreational cannabis use, New Jersey’s intermediate appellate court ruled May 26. In Sanders v. The Levari Group, the court reinstated a job applicant’s claim that she was denied employment after testing positive for cannabis.
New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act prohibits employers from refusing to hire, firing, or taking other adverse action against individuals based solely on their recreational cannabis use or a positive cannabis test.
The trial court had dismissed this case, finding that CREAMMA did not create a private right of action. The appellate court reversed, deciding that the statute’s anti-discrimination protections are enforceable not only through action from state agencies but also through private lawsuits.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here. A CWC resource, Marijuana Employment Protections by State, provides more information on state cannabis laws.