Workplace Drug Testing Issues – New Jersey State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
New Jersey employers should only conduct post-accident drug testing only when they believe the individual caused or contributed to the accident.
March 2019 - a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana. Wild v. Carriage Funeral Holdings, Inc., et al., Docket No. A-3072-17T3 (N.J. App. Div. Mar. 27, 2019).
Update July 2019 - Medical marijuana law amended to clarify applicant and employee protections:
- Employers are prohibited from taking any “adverse employment action” against a “registered qualifying patient” based solely on the person’s status as a registered patient. An “adverse employment action” is defined to mean “refusing to hire or employ an individual, barring or discharging an individual from employment, requiring an individual to retire from employment, or discriminating against an individual in compensation or in any terms, conditions, or privileges of employment.”
- Employers must provide applicants or employees who test positive for cannabis written notice of their right to explain and their right to provide a “legitimate medical explanation” for the positive test result. The employee has three working days to provide such information, which can include evidence that a health care practitioner has authorized the use of medical cannabis, proof that the applicant or employee is a registered patient, or both. Or, within that same three-day timeframe, the applicant or employee can request a confirmatory retest of the original sample at their own expense.