Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration when making employment decisions. Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920, 924. This rule of law also applies even in the case where an employee applicant is using medical marijuana pursuant to their physician’s recommendation.
In Ross, the Plaintiff, Gary Ross (“Gary”), had chronic back pain from his days serving in the United States Air Force and subsequently began to use marijuana on his physician’s recommendation. After Gary was offered a job as a lead systems administrator, he was required to take a drug test. Even though Gary provided his employer a copy of his physician’s recommendation prior to taking the drug test, he was suspended because his test results came back positive for tetrahydrocannabinol (THC), a chemical found in marijuana. The Court held that Gary had not stated a claim for disability discrimination based on the employer’s refusal to accommodate his use of marijuana.
The Court also explained that the Compassionate Care Act (“Act”) has no bearing on employment law. The Act merely exempts medical users and their primary caregivers from criminal liability under two specific state statutes. As a result, an employee who is suspended because they failed a drug test will not have a claim for wrongful termination in violation of public policy either.
In conclusion, employees should always be wary of drug tests because employers are within their rights to administer them and use them against your employment.
If you have any questions or concerns regarding your past, present, or future employment, please call one of our attorneys at Mostafavi Law Group for a free consultation.