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Marijuana Law – Keyed to Mikos
Ross v. RagingWire Telecommunications, Inc.
Facts
Gary Ross, Plaintiff, a previous member of the United States Air Force, suffers from strain and muscle spasms in his back. Plaintiff is a qualified individual under the California Fair Employment and Housing Act (FEHA). Plaintiff began to use marijuana, based on his physician’s recommendation, pursuant to the Compassionate Use Act (CUA). Defendant, RagingWire Telecommunications, Inc., offered Plaintiff a job. Defendant required Plaintiff to take a drug test, and allowed him to begin working even though his test had not been received yet. A couple days later, Defendant told Plaintiff that his drug test came back positive for tetrahydrocannabinol (THC), a chemical found in marijuana. Plaintiff gave Defendant a copy of his physician’s recommendation and told Defendant that he used marijuana for medical purposes. Plaintiff was subsequently fired because of his marijuana use. Plaintiff’s use of marijuana does not impair him to do his job. Based on the following facts, Plaintiff brought suit on the grounds that Defendant violated the FEHA by firing him and failing to make reasonable accommodations for his disability. The trial court dismissed Plaintiff’s complaint, and Plaintiff appealed the trial court’s dismissal.
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