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The New Jersey Law Legalizing Recreational Marijuana Use Does Not Permit Workers To Sue Their Employers For Job Discrimination

Kollman & Saucier
Kollman & Saucier
06/01/2023
Drug Testing, Medical/Legal Marijuana, State Law
In January 2022, Eric Zanetich applied for a job in Walmart’s Asset Protection Department.  He was offered the job subject to submitting to and passing a drug test.  Zanetich alleged that Walmart’s Drug & Alcohol Policy stated, “any applicant or associate who tests positive for illegal drug use may be ineligible for employment.”  Zanetich took a drug test.  He tested positive for marijuana, and the job offer was rescinded. Zanetich...
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District of Columbia Enacts Employment Protections for Marijuana Users

Kollman & Saucier
Kollman & Saucier
08/17/2022
Drug Testing, Medical/Legal Marijuana, State Law
The D.C. Mayor signed the Cannabis Employment Protections Amendment Act of 2022, which prohibits adverse employment actions against marijuana/cannabis users for most off-duty use, with certain exceptions.  Once the Congressional review period occurs, the law will become effective once its fiscal impact is included in an approved budget and financial plan, or 365 days after the Mayor approves the Act, whichever is later (so, at least a year from...
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Employee Believed To Have Tampered With Drug Test Cannot Prove Disability Discrimination

Vincent Jackson
Vincent Jackson
08/21/2019
Disability & Leave, Drug Testing, Employment Discrimination
A federal district judge in Oregon ruled that a Boeing employee who was terminated from his employment for tampering with his drug test could not advance his claims for disability discrimination and retaliation past summary judgment.  The case, Kelly v. The Boeing Company (D. Or. Aug. 15, 2019), reaffirms the general principle that an employer is not liable for discrimination where it holds a good faith belief of a lawful basis for its termination,...
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How High? Court Rejects Employer’s Belief That Employee Was Impaired At Work

Kollman & Saucier
Kollman & Saucier
02/21/2019
Drug Testing
It’s no secret that legalized medical and recreational marijuana use is on the rise and causing employers to deal with their employees’ rights, if any, that come with it.  Recently, an Arizona court found for an employee in a case of discrimination under the Arizona Medical Marijuana Act (AMMA).  Whitmire v. Wal-Mart Stores Inc., Case No. 3:17-cv-08108 (D. Ariz. Feb. 7, 2019). Carol Whitmire worked as a cashier and customer service...
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Drug Testing Company Can't Be Drug Into Discrimination Dispute

Kollman & Saucier
Kollman & Saucier
02/01/2018
Drug Testing, Third Party Liability
The EEOC has taken to suing employers who screen out disabled workers through medical inquiries or exams.  Since September 2017, it has filed seven such suits.  In one of those cases, EEOC v. M.G. Oil Co., No. 4:16-CV-04131 (D.S.D. Jan. 25, 2018), the EEOC filed an action against M.G. Oil, on behalf of Kim Mullaney, after Happy Jack's Casino (owned by M.G. Oil) rescinded her job offer. In the post-offer stage, Ms. Mullaney tested positively for...
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