"Weed Worries," InsideCounsel
This article examines Ross v. RagingWire Telecommunications Inc., in which the plaintiff, Ross, sued his employer after being terminated from his job due to medical marijuana use. Ross claims that because he has a doctor's recommendation, he should be considered disabled and protected from employment discrimination. The case is currently being reviewed by the California Supreme Court and will determine whether employers will be required to accommodate medical marijuana users. "If the court finds for the plaintiff, it could be explosive. 60 percent of positive drug tests are positive for marijuana, so a lot of employers would find it is not worthwhile to continue drug testing," said Nancy Delogu of Littler's Washington, D.C. office.
