Walmart moves to toss lawsuit over pot screenings for job applicants - Reuters

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Walmart says New Jersey law doesn't allow private lawsuits
Only the state can enforce worker protections, company says
Proposed class action claims Walmart won't hire pot users

Oct 10 (Reuters) - Walmart Inc has asked a federal judge in New Jersey to rule that the state's law barring employers from refusing to hire job applicants because of their off-duty marijuana use can only be enforced by the state, and not individual workers.

Walmart on Friday asked the judge to toss a proposed class action filed in June, arguing that a New Jersey law legalizing recreational marijuana use gives a state commission exclusive enforcement powers and does not authorize private lawsuits.

The lawsuit accuses Walmart and subsidiary Sam's Club of violating the law, which took effect in April, by using positive marijuana tests to screen job applicants.

Walmart's motion comes as an increasing number of states legalize recreational marijuana use and employers grapple with balancing new legal protections for workers with concerns about workplace safety.

Last week, President Joe Biden pardoned thousands of people convicted of marijuana possession under federal law and launched a review of how the drug is classified.

A lawyer for lead plaintiff Erick Zanetich did not immediately respond to a request for comment on Monday.

Zanetich claims he was offered a security job by Walmart earlier this year, but the offer was pulled after he tested positive for marijuana during a mandatory screening.

Voters in New Jersey approved a ballot initiative to legalize recreational marijuana in 2020, and a state law authorizing marijuana sales took effect in April.

A provision of the law prohibits employers from firing workers or refusing to hire job applicants because they use marijuana on their own time. The law does allow for workers to be fired if they are impaired on the job.

Walmart in Friday's motion said the state Cannabis Regulatory Commission, which was created by the state law, was given exclusive powers to enforce it. Since the law does not also explicitly allow for private lawsuits, Walmart said, individual workers do not have the ability to sue for violations.

State and federal judges in Pennsylvania, Connecticut, Delaware, Arizona and other states have said that medical marijuana laws allow workers to sue for discrimination, even when they do not explicitly authorize it.

The case is Zanetich v. Wal-mart Stores East Inc, U.S. District Court for the District of New Jersey, No. 1:22-cv-05387.

For Zanetich: Justin Swidler of Swartz Swidler

For Walmart: Tracey Diamond of Troutman Pepper

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Our Standards: The Thomson Reuters Trust Principles.

Daniel Wiessner

Thomson Reuters

Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.

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