Marijuana and Work.
The following excerpt was taken from an article published on "Labor & Employment Law Blog" on September 14th, 2005. The article can be found by clicking on the title of the article found below.
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Court Holds That a Company May Terminate a Medicinal Marijuana User
On September 7, 2005, a California Court of Appeal, in Ross v. Ragingwire Telecommunications, Inc., held that a company may refuse to employ an individual because he or she is using marijuana in accordance with the Compassionate Use Act of 1996.
In September 2001, the Defendant, Ragingwire Telecommunications, Inc., hired the Plaintiff, Gary Ross, as a lead systems engineer. Ragingwire required Ross to take a drug test and Ross took the drug test several days before he began working. On September 20, 2001, Ragingwire informed Ross that he was suspended because Ross tested positive for Tetrahydrocannabinol, the main chemical found in marijuana.
Ross gave Ragingwire a copy of a note from his physician recommending that he use marijuana to help alleviate chronic back pain. On September 25, 2001, Ragingwire terminated Ross because of his marijuana use.
Ross filed a lawsuit claiming that the termination violated the California Fair Employment and Housing Act ("FEHA"). More specifically, Ross alleged that Ragingwire discriminated against him based upon his disability because it failed to provide him with the reasonable accommodation of permitting him to use marijuana in accordance with the Compassionate Use Act. Ross also claimed that his termination was in violation of a public policy created by the passage of the Compassionate Use Act and that Ragingwire also breached an implied contract that it would only terminate Ross for good cause.
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What's your opinion on all of this? Is Ragingwire Telecomm. discriminating against Ross and his medical condition or are they right in suspending him from work for having marijuana in his system, regardless of the fact that it was for medical purposes?
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Court Holds That a Company May Terminate a Medicinal Marijuana User
On September 7, 2005, a California Court of Appeal, in Ross v. Ragingwire Telecommunications, Inc., held that a company may refuse to employ an individual because he or she is using marijuana in accordance with the Compassionate Use Act of 1996.
In September 2001, the Defendant, Ragingwire Telecommunications, Inc., hired the Plaintiff, Gary Ross, as a lead systems engineer. Ragingwire required Ross to take a drug test and Ross took the drug test several days before he began working. On September 20, 2001, Ragingwire informed Ross that he was suspended because Ross tested positive for Tetrahydrocannabinol, the main chemical found in marijuana.
Ross gave Ragingwire a copy of a note from his physician recommending that he use marijuana to help alleviate chronic back pain. On September 25, 2001, Ragingwire terminated Ross because of his marijuana use.
Ross filed a lawsuit claiming that the termination violated the California Fair Employment and Housing Act ("FEHA"). More specifically, Ross alleged that Ragingwire discriminated against him based upon his disability because it failed to provide him with the reasonable accommodation of permitting him to use marijuana in accordance with the Compassionate Use Act. Ross also claimed that his termination was in violation of a public policy created by the passage of the Compassionate Use Act and that Ragingwire also breached an implied contract that it would only terminate Ross for good cause.
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What's your opinion on all of this? Is Ragingwire Telecomm. discriminating against Ross and his medical condition or are they right in suspending him from work for having marijuana in his system, regardless of the fact that it was for medical purposes?
posted by Anonymous at
9:17 PM
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