Prospective Employee Sues Matthews International After Job Offer Rescinded Due to Medical Marijuana Use

May 13, 2026

Prospective Employee Sues Matthews International After Job Offer Rescinded Due to Medical Marijuana Use

May 13, 2026
Claim Type
Disability Discrimination
Statute(s)
New Jersey Law Against Discrimination (NJLAD); New Jersey Cannabis Use and Medical Marijuana Act (NJCUMMA)

Case Summary

Duane Hunt applied for a driver position with Matthews International Corporation in February 2021. After multiple interviews and receiving a formal offer letter, he disclosed to the hiring manager that he was a licensed medical marijuana user under the New Jersey Cannabis Use and Medical Marijuana Program. When a pre-employment drug test returned positive for THC, the hiring manager told him he could no longer be hired and ceased all communication — without engaging in any discussion about accommodation or the implications of Mr. Hunt's valid medical marijuana card. Mr. Hunt filed suit against Matthews International Corporation, Milso Industries Corp, and hiring manager Matthew Geisler for disability discrimination, failure to accommodate, and perceived disability discrimination under the New Jersey Law Against Discrimination.

Background

On or about February 9, 2021, Duane Hunt applied for a driver position with Matthews International Corporation. Hiring manager Matthew Geisler contacted him shortly after, expressed enthusiasm about his resume, and arranged an interview. Mr. Hunt was offered the position on the spot and subsequently invited for a follow-up interview with the manager at another branch, who also expressed interest in hiring him. Mr. Geisler then confirmed the company wanted to hire him, provided forms to complete, and Mr. Hunt received a formal offer letter for employment with Milso Industries Corp., a division of Matthews International, to commence on February 24, 2021, pending completion of pre-employment background checks including a drug test.

In June 2019, Mr. Hunt had received his license for the legal use of medical marijuana pursuant to the New Jersey Medical Marijuana Program. When Mr. Geisler inquired about the upcoming drug test — asking "When you take the drug test we aren't going to find anything right?" — Mr. Hunt responded, "no, its all medical." Mr. Hunt underwent the pre-employment drug test on or about February 11, 2021. At the testing facility, he asked medical examiners about his medical marijuana card and its implications. He was told they would call if he tested positive for any drugs.

On February 24, 2021 — the scheduled start date — Mr. Hunt had not heard from Mr. Geisler. He called to follow up. Mr. Geisler returned the call and advised that the drug test had disclosed the presence of THC, and told Mr. Hunt he would "have to look into some things before getting back to him." On March 1, 2021, having not heard back, Mr. Hunt sent a photo of his medical marijuana card by text and asked Mr. Geisler to call him. Mr. Hunt never received any further communication from Mr. Geisler or any other representative of Matthews International.

Legal Claims Filed

Duane Hunt, by and through his attorneys at Mark | Kleinfeldt, filed a complaint against Matthews International Corporation, Milso Industries Corp, and Matthew Geisler asserting the following claims.

Count 1 Disability Discrimination under the NJLAD

Mr. Hunt alleged that the defendants withdrew his offer of employment because of his disability and his prescribed medical treatment — specifically his authorized use of medical marijuana under NJCUMMA — and that any company policy that automatically disqualifies a prospective employee with a valid NJCUMMA card, without exception or accommodation, violates the NJLAD. The defendants knew or should have known of his disability and failed to take any corrective measures to prevent the discriminatory action.

Count 2 Failure to Accommodate under the NJLAD

Mr. Hunt alleged that the defendants failed to engage him in the interactive process to determine the extent of his disability, the nature of his treatment, and whether a reasonable accommodation could be provided. Instead, his offer of employment was immediately withdrawn without any discussion of accommodation options. He alleged the accommodation — permitting his off-work use of medical marijuana — would not have created a hardship on the employer's operations.

Count 3 Perceived Disability Discrimination under the NJLAD

Mr. Hunt alleged that the defendants withdrew his offer of employment based on a mistaken perception that his medical marijuana use was illegal and that he would be unable to perform his job responsibilities as a result. The company incorrectly treated his authorized medical treatment as disqualifying, constituting discrimination based on a perceived disability in violation of the NJLAD.

Count 4 Aiding and Abetting under the NJLAD

Mr. Hunt alleged that the defendants, including Matthew Geisler and unknown human resources personnel, aided and abetted one another in the unlawful discriminatory treatment of Mr. Hunt, making them individually and collectively liable under the NJLAD.

Claim Type
Disability Discrimination
Statute(s)
New Jersey Law Against Discrimination (NJLAD); New Jersey Cannabis Use and Medical Marijuana Act (NJCUMMA)

Related Contacts

jamison_mark_headshot
Jamison Mark
Certified Civil Trial Attorney

What This Case Illustrates

New Jersey's disability discrimination protections extend to job applicants — not only to current employees — and that an employer who rescinds a job offer because of an applicant's authorized medical marijuana use, without engaging in any interactive process to explore accommodation, may be violating the NJLAD. It also illustrates that a blanket policy automatically disqualifying holders of valid medical marijuana cards may itself constitute disability discrimination under New Jersey law.

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