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.
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.