McCusker, Olivadoti Win Dismissal of Suit in Medical Marijuana Case

A Bergen County judge has dismissed a discrimination suit against a company that claimed it does not need to accommodate medical marijuana use by prospective employees.

Superior Court Judge Mary Thurber ruled on Oct. 1 against an applicant who alleged he was not hired as a funeral director for SCI New Jersey Funeral Services, LLC, doing business as Mack Funeral Home in Secaucus, because he disclosed he had cancer.

SCI NJ said Wild had not mentioned his diagnosis before the hiring decision, which was based on his medical marijuana use.

“This case is not about disability,” the company’s attorneys, MARC partner John B. McCusker and associate Bianca M. Olivadoti, wrote in their brief. “It is about an employer’s right to keep illegal drug use out of the workplace.”

The case is Justin Wild v. SCI New Jersey Funeral Services, LLC.

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