Today we examine the recent California Supreme Court case of Ross v. RagingWire Telecommunications. The issue is medical marijuana and employment discrimination.
California has enacted a medical marijuana law that decriminalizes the possession and use of the drug with a doctor’s prescription. It is called the Compassionate Use Act. California also has an anti-discrimination law, the California Fair Employment and Housing Act. Disabled people are protected by this law.
The plaintiff is qualified as ‘disabled’ for purposes of the Fair Employment and Housing Act. His doctor has recommended that he use marijuana to treat his symptoms. The Compassionate Use Act allows Mr. Ross to do so without fear of state criminal sanctions.
The defendant is a corporation. Defendant hired plaintiff to be a Lead Systems Analyst. Mr. Ross disclosed his medical marijuana use at the time he was hired. He took a standard drug test and began work. The test came back positive for marijuana. Mr. Ross was fired. The California Supreme Court says that’s fine.
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