The Law Against Discrimination (“LAD”) was designed to protect employees in New Jersey from discrimination in the workplace, including, but not limited to, disability discrimination. N.J.S.A. 10:5-12(a). The LAD also requires an employer to provide a disabled employee with a reasonable accommodation “unless the nature and extent of the disability reasonably precludes the performance of the particular employment.” N.J.S.A. 10:5-4.1. However, until recently, an employer could openly discriminate against an employee for using medical marijuana to treat a medical condition. See Cotto v. Ardagh Glass Packing, 2018 U.S. Dist. LEXIS 135194 (D.N.J. August 10, 2018). In fact, New Jersey case law has said an employer is not required to accommodate an employee’s use of medical marijuana to treat an illness. Id. This is because the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) specifically states “[n]othing” in the CUMMA “require[s] an employer to accommodate a medical marijuana user.” N.J.S.A. 24:6I-14.
Notably, CUMMA was enacted because the New Jersey Legislature determined “[m]odern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other systems associated with certain debilitating medical conditions.” N.J.S.A. 24:6I-2(a). One of CUMMA’s professed purposes is “to protect from arrest, prosecution … and other penalties, those patients who use marijuana to alleviate suffering from debilitating medical conditions…” N.J.S.A. 24:6I-2(e).
In our blog article of January 11, 2019 entitled “Medical Marijuana Can Cost Workers Their Jobs, But Laws Are Coming To Correct This Wrong”, we discussed pending State Assembly Bill 1838 and State Senate Bill S10 which, if enacted, would prevent employers in New Jersey from firing an employee for using medical marijuana unless the employer was able to produce evidence showing that such use impaired the employee’s ability to perform their job in a safe and effective manner. Now, it appears state case law maybe moving in the same direction as this pending legislation. We state this because the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings, Inc., 2019 N.J. Super. LEXIS 37 (App. Div. March 27, 2019) recently held that the LAD prohibits disability discrimination, including discriminating against an employee who lawfully uses marijuana for medicinal purposes.