California
High Court Affirms Termination of Employee for Medical Marijuana
Use
January 24, 2008
Summary
Earlier today, the California
Supreme Court issued a much-anticipated decision [click
here to view] regarding a former employee terminated for
testing positive for marijuana use, which he lawfully had
utilized under the Compassionate Use Act of 1996 (Health &
Safety Code § 11362.5). In sum, the Court held that employers
have an undisputed right to conduct pre-employment drug testing
and to fire, or refuse to hire, employees who fail a drug test.
The Court noted that the Act was silent on any impact to the
employment relationship.
Details
Gary Ross had a chronic back condition and used
marijuana with a recommendation from his doctor pursuant to the
Compassionate Use Act. After being conditionally hired by
defendant RagingWire Technologies and shortly after he began,
Ross failed his pre-employment drug test and his employer was
notified. Ross informed his employer of his doctor’s
recommendation, but the employer nonetheless terminated Ross for
failing the drug test.
Ross sued for disability discrimination,
failure to accommodate and for wrongful termination under
California state law. He contended that his use of marijuana
under the Act was no different than being fired for using other
legal medications, that it did not affect his performance or
impact his employer’s legitimate interests, that it was the only
effective way to treat his pain, and that he only used it
off-duty, off-premises. The employer argued that marijuana is
still illegal under federal law and the Act only exempts medical
marijuana users from certain, specific criminal sanctions, but
does not handcuff employers from terminating employees who use
illegal drugs.
The California Supreme Court agreed with the
employer and upheld both the trial court and Court of Appeal
decisions. The Supreme Court emphasized the difference between
prohibiting use of marijuana – which the Act clearly intends to
allow – and making employment decisions based on legitimate
reasons, such as the well-studied effects of illegal drug use on
the work environment. Because the employer’s decision did
nothing to deny access to marijuana, the Court held that
inferring a duty to reasonably accommodate an employee by
waiving drug testing requirements (or by recognizing a wrongful
termination claim based on the same) would significantly expand
the law beyond that which voters intended.
What This Means
This opinion is a breath of fresh air (and
common sense) from the California Supreme Court for employers.
Indeed, it reaffirms that employers not only have a legitimate
interest in pre-employment drug testing, but that employers need
not accommodate marijuana usage in the workplace.
This E-Update was authored by
Melissa
Listug Klick. For more information, please
contact Ms. Listug Klick or any Paul Plevin attorney at
(619) 237-5200.
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