CA Supreme Court Rules Employers Can Discriminate Against Workers Using Medical Marijuana
Jan 24th, 2008. The California Supreme Court ruled 5-2 that employers can drug test and fire workers for using medical marijuana. The court dismissed a lawsuit brought by Gary Ross under the state’s Fair Employment and Housing Act (FEHA) arguing that he had been wrongfully denied employment by RagingWire Telecommunications on account of testing positive for past use of marijuana on a urine test.
The court took a narrow interpretation of Prop. 215, ruling that it did not create a general right to use medical marijuana, but only protected patients from criminal sanction for possession or cultivation of marijuana.…