The California Supreme Court ruled against plaintiff Gary Ross in Ross v. RagingWire Telecommunications Inc., stating that the Compassionate Use Act only protects medical marijuana users from criminal prosecution, but does not imply that employers must accommodate this use. As a result, employers now have the liberty to refuse employment to medical marijuana users without the fear of being sued. "The ruling appeared to apply broadly to workers who've undergone pre-employment drug tests for different types of jobs and industries, leaving little wiggle room for plaintiff attorneys," said Rod Fliegel of Littler's San Francisco office. "Flexible rules breed lawsuits. This is a seemingly inflexible rule."

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