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.
Important to review the New Jersey marijuana laws.
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).
Marijuana is legal in New Jersey. The laws in New Jersey favor employees and not employers. Employer drug testing for marijuana in New Jersey is a complex issue.