Takeaway: Many states have legalized marijuana and added employment protections for individuals who use it, despite ongoing federal prohibitions. Thus, the impact of these laws on traditional employer restriction of and testing for marijuana use is unclear in many cases.
The 3rd U.S. Circuit Court of Appeals affirmed a district court ruling that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) did not give applicants for employment a private right of action against employers that revoke an employment offer based upon a positive drug test showing cannabis use.
In January 2022, less than a year after the enactment of CREAMMA, a New Jersey resident applied for an asset protection position at a Walmart facility in Swedesboro, N.J. A week later, he was offered a job there—subject to the condition that he take and pass a drug test. That condition reflected a corporate policy in effect even after CREAMMA under which all job applicants and employees were ineligible for future employment upon testing positive for drugs. The employee tested positive for cannabis, and his job offer was rescinded.
Prompted by the rescission of his job offer, the employee filed a two-count putative class action complaint in Superior Court of Gloucester County against Walmart and one of its affiliated corporations. For relief, the employee sought back pay, front pay, punitive damages, and an injunction ordering rescission of the corporate drug...
This article is part of The Poynter 50, a series reflecting on 50 moments and people that shaped journalism over the past half-century — and continue to influence its future. As Poynter celebrates...