Mercer Times

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued a Finding of Probable Cause in a case alleging that Prince Telecom LLC discriminated against an applicant for employment based on disability in violation of the New Jersey Law Against Discrimination (LAD).

In the Finding of Probable Cause announced today, DCR found that Prince Telecom, a company that constructs and maintains telecommunications and cable systems, initially offered an applicant a job pending a drug test. The applicant presented a medical marijuana prescription and noted that he used medical marijuana to treat a disability. But when the applicant tested positive for cannabis, Prince Telecom rescinded its offer of employment.

DCR found sufficient evidence to conclude that Prince Telecom violated the LAD by failing to consider accommodations for the applicant’s disability. Under the LAD, an employer may not refuse to hire, terminate, or otherwise discriminate against an employee or applicant based on disability. Once an employer becomes aware that an employee or applicant has a disability, the employer must engage in an “interactive process” with the employee to determine whether it can offer an accommodation. The employer must then make a reasonable accommodation unless it can show that an accommodation would impose an undue hardship on its business. DCR found that Prince Telecom failed to engage in the interactive process and found that a reasonable accommodation would not have imposed an undue hardship on Prince Telecom.

“New Jersey’s civil rights laws require that employers discuss how to develop accommodations that will allow employees with disabilities to perform their duties,” said Attorney General Platkin. “But this employer cut off all communication, refusing to even try to work with their candidate. Their failure to act violates the law, and we will not tolerate that.”

“Our laws provide strong protections against discrimination based on disability. Those protections mean that employers can’t discriminate against employees based on their treatment for a disability, including their use of marijuana to treat or alleviate the symptoms of a disability,” said Sundeep Iyer, Director of the Division on Civil Rights. “We remain committed to enforcing the protections our civil rights laws afford against disability discrimination in employment, and to ensuring that all employers are aware of their obligations under the law.”

The protections provided by the LAD for individuals who use marijuana to treat or alleviate the symptoms of a disability co-exist with the employment protections provided by other laws signed by Governor Phil Murphy in recent years.

Under the Jake Honig Compassionate Use Medical Cannabis Act, employers cannot take adverse employment action against an employee based on the fact that the employee is registered as a medical marijuana user with the Cannabis Regulatory Commission. And under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), an employee or applicant cannot be subject to adverse action by an employer solely due to a positive drug test for cannabis. (Because CREAMMA went into effect after the facts giving rise to this complaint, CREAMMA did not apply in this particular case.)

These other laws do not displace and are consistent with, the protections the LAD offers to individuals with disabilities. The LAD’s protections mean that New Jersey employers must make reasonable accommodations for individuals with disabilities who use medical marijuana to treat their disability unless doing so would impose an undue hardship on the employer’s business.

According to the complaint filed with DCR, Prince Telecom allegedly offered the candidate a position as a cable installation technician pending successful completion of a drug test. The applicant presented his medical marijuana prescription card at the screening center where he tested positive for cannabis. Prince Telecom rescinded its offer of employment five days later citing the positive drug screen. The applicant responded by advising a human resources representative that he had a medical marijuana prescription for treating his disability. He also stated that “I believe there are protections afforded me under law.” The representative did not respond.

According to the complaint, the applicant made several attempts to work with the company seeking accommodation allowing him to perform as cable installation tech position but received no response from human resources director who promised follow-up.

During DCR’s investigation Prince Telecom asserted accommodating its drug screening requirements would impose undue hardship but could not provide proof it worked with applicant determining his cannabis-use needs nor demonstrate providing accommodation imposing undue hardship.

The issuance of Finding Probable Cause shows DCR concluded preliminary investigation determining sufficient evidence supporting reasonable suspicion LAD violated; however it's not final adjudication merits case leading conciliation opportunity negotiating voluntary resolution otherwise Deputy Attorney General prosecution Office Administrative Law Court if unresolved.

To view Fact Sheet on disability discrimination rights people disabilities employment housing places public accommodation under LAD visit People disabilities believing rights violated file complaint visiting calling 1-833-NJDCR4U (833-653-2748).

The New Jersey Division on Civil Rights enforces New Jersey Law Against Discrimination New Jersey Family Leave Act Fair Chance Housing Act works prevent eliminate remedy discrimination bias-based harassment employment housing places public accommodation throughout New Jersey.

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