To be blunt: NJLAD doesn’t bar arbitration of medical marijuana user’s claims

On February 15, 2022, the New Jersey Appellate Division upheld a trial court order compelling arbitration of discrimination and wrongful termination claims filed by a former employee who was terminated after testing positive for marijuana. In a case marking the first time the court had considered the issue, it held the federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights concerning discrimination, retaliation, and/or harassment claims.

Facts

Gilbert Antonucci worked as an engineer for SMS Systems Maintenance Services, Inc., from 2010 until 2017, when the company merged with Curvature Newco, Inc.

In October 2019, as part of a training program, Curvature sent Antonucci the electronic version of its employee handbook and code of ethics and conduct for his review and electronic signature. Included with the policies and procedures was an arbitration agreement, which was attached and identified accordingly in the table of contents.