Marijuana Using Employee Not Protected

- Calif. Supreme Court: January 24, 2008

Fact
Plaintiff Gary Ross filed a suit against his employer, RagingWire, who fired him because marijuana was found in his blood. Ross was injured his back during his duty in U.S. Air Force, and his doctor recommended marijuana to use to ease his chronic pain.

Issue Should a marijuana user for medical purpose be protected as a disabled employee?

Rule & Analysis The lawyer of Ross emphasized the fact that he kept his normal life by treating his pain with marijuana and argued that an employer is responsible to accommodate the company’s environment to fit a disabled employee under California laws.

Conclusion California Supreme Court held that the accommodation for disabled employee does not include the use of marijuana, and therefore ruled against Gary Ross.

Source Calif. Court Rules Companies Can Fire Pot Users by Rachel Dornhelm. NPR. - Jan. 25, 2008