A former Amazon warehouse employee in New Jersey is suing the online retail giant after he tested positive in a random drug test for marijuana. The marijuana was prescribed to him under the state’s medical marijuana program for an anxiety and panic disorder. He disclosed this information to his employer after the positive test result and was asked to submit a request for accommodation. He was then fired shortly thereafter for failing to notify the company that he was a medical marijuana user at the outset. Despite Amazon’s policy to consider rehire after 120 days, the former employee found he was not eligible for rehire and is now bringing a lawsuit alleging disability discrimination.
New Jersey recently amended its medical marijuana law. Under the amendment, employers are prohibited from taking any adverse employment action against a current or prospective employee based on that person’s status as a state-registered, qualifying user of medical marijuana. As such, this case warrants close attention in the coming months.
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