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Ross v. RagingWire Telecommunications, Inc.

174 P.3d 200 (2008)

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Ross v. RagingWire Telecommunications, Inc.

California Supreme Court
174 P.3d 200 (2008)

  • Written by Patrick Speice, JD

Facts

Gary Ross (plaintiff) suffered from chronic back pain. Ross’s physician recommended medical marijuana to treat the pain pursuant to California’s medical-marijuana law, and Ross began using medical marijuana. Ross subsequently applied for and was offered a job at RagingWire Telecommunications, Inc. (RagingWire) (defendant). After accepting the offer, Ross was required by RagingWire to take a drug test, which came back positive for marijuana. RagingWire subsequently suspended and then fired Ross, despite Ross explaining that the positive test was due to Ross’s lawful use of medical marijuana outside of work to treat back pain pursuant to a physician’s recommendation. Ross filed a lawsuit against RagingWire under California’s Fair Employment and Housing Act (FEHA), alleging that RagingWire had discriminated against Ross because of his medical condition. In particular, Ross alleged that RagingWire had failed to make a legally required reasonable accommodation by prohibiting Ross from working for RagingWire while Ross lawfully used medical marijuana to treat back pain in a manner that did not adversely impact Ross’s job performance. RagingWire moved to dismiss the complaint, the trial court granted the motion, and Ross appealed.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

Dissent (Kennard, J.)

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