Class Action Alleges Amazon Violated NJ Cannabis Law by Denying Employment Based on Positive Test [UPDATE]
Last Updated on February 15, 2022
Ringgold v. Amazon.com.dedc, LLC
Filed: June 22, 2021 ◆§ 3:21-cv-12873
A New Jersey man alleges he was unlawfully denied employment by Amazon in the state after he tested positive for marijuana in a pre-employment drug screen.
New Jersey
Case Updates
February 15, 2022 – Amazon Settles NJ Cannabis Testing Case
Amazon has settled the proposed class action detailed on this page on an individual basis with the plaintiff, and the lawsuit was dismissed with prejudice on February 8, 2022.
Last October, the plaintiff’s counsel submitted to the court a letter that stated the matter “has been resolved.” United States District Judge Peter G. Sheridan’s February 8 dismissal order further states that the case has “been reported settled.”
No other details are available on the settlement at this time.
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A New Jersey man alleges he was unlawfully denied employment by Amazon in the state after he tested positive for marijuana in a pre-employment drug screen.
The 14-page proposed class action alleges defendant Amazon.com.dedc, LLC violated the newly enacted New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) by subjecting the plaintiff to adverse employment action because he tested positive for marijuana. Under CREAMMA, which went into effect February 22, 2021, no employer shall refuse to hire or employ, discharge from employment or take any adverse action against a person based on their use or non-use of cannabis items or the presence of cannabinoid metabolites in their bodily fluid, the lawsuit says.
According to the complaint, Amazon refuses to hire any applicant who tests positive for marijuana in New Jersey and does not provide a medical explanation for using cannabis. New Jersey Amazon employees who test positive for marijuana and do not provide a medical explanation also face disciplinary action on the basis of the positive result in accordance with the defendant’s drug and alcohol policy, the suit says.
Per the case, the plaintiff applied for a warehouse job with Amazon in New Jersey around March 27, 2021 and was extended an offer of employment, subject to his submission to and passing of a drug test. Around April 2, the plaintiff received from Amazon an email that stated he had tested positive for marijuana and would be denied employment should he fail to provide a “legitimate medical explanation” for the test result, the lawsuit relays.
On April 5, the plaintiff’s job offer was rescinded, according to the complaint.
The lawsuit alleges Amazon’s conduct in denying the plaintiff employment based solely on a positive marijuana test “violates a clear mandate of public policy” in New Jersey.
The plaintiff looks to represent a proposed class of all persons who, since February 22, 2021, were denied employment by Amazon.com.dedc, LLC in New Jersey because they tested positive for marijuana in a pre-employment drug screen and/or were subject to any other adverse employment action based on testing positive for marijuana.
Initially filed in Mercer County Superior Court on May 19, the lawsuit was removed to New Jersey District Court on June 22.
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