Well, the California Supreme Court finally released its opinion in Ross v. Ragingwire Telecommunications, Inc., S138130, today and I have to say I am disappointed with the opinion, although I think the dissenting opinion was completely on the mark.
The Court decided that employers can terminate employees in California who use medical marijuana with a doctor’s prescription for a valid medical reason and not be held liable for doing so… Continue reading
Posts Tagged ‘Reasonable Accommodation’
Employment Discrimination Against Medical Marijuana Users is Legal in California
January 24th, 2008
James PetersEmployers Must At Least TRY To Accommodate Disabled Employees
January 15th, 2008
James PetersIn the United States, employers must actively engage in an “interactive process” with disabled employees to try and find a “reasonable accommodation” for their disability, even if no such accommodation actually exists.
What is an “Interactive Process”?
What this means is if an employer knows one of their employees is disabled and they suspect that employee might need some sort of accommodation (e.g. ergonomic keyboard, wheelchair ramp, a chair to sit in… Continue reading
CA Supreme Court Considers Employees' Medical Marijuana Use
November 7th, 2007
James PetersYesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc.
In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms.
Under California’s Compassionate Use Act, patients cannot be prosecuted under state law for using or possessing… Continue reading


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