In a case of first impression, a split judicial panel of the Third Circuit Court of Appeals concluded that New Jersey job seekers do not have the right to sue employers who rescind job offers to applicants testing positive for cannabis, despite state legislation that bars employers from doing just that.<\/p>\n
Background<\/strong><\/p>\n The case was brought under New Jersey\u2019s 2021 Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) that legalized recreational marijuana use.\u00a0 In pertinent part, CREAMMA expressly prohibits employers from refusing to hire applicants because of their use or non-use of marijuana.\u00a0 Less than a year after CREAMMA\u2019s passage, Erik Zanetich was offered a job at Walmart, subject to passing a drug test.\u00a0 Walmart\u2019s policy mandated that applicants were ineligible for employment if they tested positive for drugs.\u00a0 When Zanetich tested positive for cannabis, his job offer was rescinded.\u00a0 Zanetich filed a class action suit, arguing that Walmart\u2019s retraction of his job offer was in violation of the protections accorded to marijuana users under CREAMMA.<\/p>\n