A California appeals court has just thrown out a wrongful termination and disability discrimination lawsuit filed by a worker who was discharged after his preemployment drug test came back positive for marijuana–even though the employee had medical authorization to use marijuana for chronic back pain.
According to the court, even though the employee had a physician’s recommendation for marijuana in compliance with the California Compassionate Use Act, nothing in the state antibias law prohibits an employer from firing or refusing to hire a person who uses an illegal drug. And, because the possession and use of marijuana–including medical marijuana–remains illegal under federal law, a court has no authority to require an employer to accommodate an employee’s marijuana use, even if it is for medical purposes and is otherwise legal in California. The Compassionate Use Law, said the court, simply permits a person to use marijuana for medicinal purposes in California without incurring state criminal law sanctions–but the law says nothing about protecting the employment rights of those who do so.
We’ll have further details on this ruling and its impact in an upcoming issue of the California Employer Advisor.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.