Lawsuit Filed Against Amazon Over Job Offers Being Pulled Due to Positive Marijuana Tests

A New York man has filed a lawsuit against Amazon, saying that the company pulling job offers over positive marijuana tests is a violation of state law.

Amazon warehouse

Image via Getty/Chesnot

Amazon warehouse

A new class-action lawsuit filed in New York against Amazon alleges that the mega company was violating state law by testing whether or not applicants trying to get jobs at local facilities were using marijuana

The suit was filed by a man named Michael Thomas, with Thomas contending that a failed drug test from last year caused Amazon to reject him from getting a job as a sorter at a warehouse in Staten Island. Thomas also argues that there’s more than 100 other applicants who can make a similar claim, according to TMZ

In the complaint, which was filed in Brooklyn federal court, Thomas says he got an offer for the aforementioned position, though it was contingent upon him passing a drug test. He says that test came back positive for cannabis, and Amazon subsequently pulled the offer. New York laws that went into effect on May 10, 2020 say employers can’t test job applicants for marijuana or THC, though there are lots of exceptions for things like (for example) being a cop, or childcare professional, or someone who supervises medical patients. 

There’s lot of other exceptions, including one for jobs in which a person would operate machinery or heavy equipment. Thomas says there was nothing in the job description about having to do those things, which is why he contends Amazon couldn’t require the test. Whether or not that has merit, well, that’s what lawyers are for. He’s seeking damages and an injunction which will prevent Amazon from continuing the tests for similar positions.

Amazon who, as a byproduct of being a massive company deals with lots of lawsuits (though you’re probably not skeptical of that statement, you can Google: ‘Amazon’ and ‘lawsuit’ for proof), has not responded to the accusation. 

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