Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private right of action for employment discrimination based on marijuana consumption. In so doing, the split 2-1 panel affirmed the District Court of New Jersey’s dismissal of a Wal-Mart applicant’s putative class action lawsuit in Zanetich v. Walmart Stores East Inc. et al. The named...
By: Saul Ewing LLP

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