Employer Not Required To Accommodate Employee Who Used Medicinal Marijuana Under California’s Compassionate Use Act
California’s “Compassionate Use Act of 1996” gives a person who uses marijuana for medical purposes on a physician's recommendation a defense to certain state criminal charges involving the drug, including possession. Federal law, however, continues to prohibit the drug's possession, even by medical users.
Gary Ross, whose physician recommended he use marijuana to treat chronic pain, was fired when a preemployment drug test required of new employees revealed his marijuana use. The lower courts held that Ross could not on that basis state a cause of action against his employer for disability-based discrimination under the California Fair Employment and Housing Act (“FEHA”), or for wrongful termination in violation of public policy.
On appeal, the Supreme Court of California concluded the lower courts were correct: Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees. Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions.
Ross v. Ragingwire Telecommunications, Inc.