| Summary: Plaintiff filed suit against his employer alleging that he was fired after testing positive for marijuana following a work accident. He claims that he had a medical marijuana card and that upper-management was aware of his disability, New Jersey Medical Card and pain management need for the use of marijuana. He further claimed that the employer failed to engage in discussions on how reasonable accommodations could be arrived at in light of his disability.
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| Impact(s): New Jersey employers |
| Summary: Plaintiffs appealed a trial court decision granting summary judgment to an automotive company who revoked its offer of employment based on the criminal background history of applicants. The Appeals Court affirmed the trial court's decision for two of the plaintiffs based on the lack of evidence that procedural violations of the FCRA were the cause of their alleged harm. However, one of the plaintiffs was awarded a reversal of the trial court's decision. The Court of Appeals found that plaintiff demonstrated that he was not provided the background check results prior to his job offer being revoked. The Court stated that due to the employer's failure to furnish the background check to the applicant prior to its adverse action, as statutorily required, the plaintiff "would have had the opportunity to dispute the errors before the employment-offer revocation." Instead, plaintiff had to obtain a copy of the report through the third-party vendor that conducted the background check and correct the issues through that vendor. The court further stated that "while the false information by itself may not have created statutory damages under the FCRA, the false information coupled with the employer's failure to be statutorily compliant denied [plaintiff] the opportunity to contest that information before the adverse action; thus, the procedure violation grew into a concrete injury." The trial court's decision was reversed in part and the case remanded.
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| Impact(s): FCRA compliance - for general legal review. |
