Supreme Court of California

In an action brought by a medical marijuana user against his employer for disability-based discrimination under the California Fair Employment and Housing Act (FEHA) and for wrongful termination in violation of public policy, a judgment against plaintiff is affirmed as: 1) nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees; and 2) under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Joseph D. Elford, Oakland;  Law Office of Stewart Katz, Stewart Katz and Costa Kerestenzis, Sacramento, for Plaintiff and Appellant., Robert A. Raich, Oakland, for California legislators as Amicus Curiae on behalf of Plaintiff and Appellant., Daniel Abrahamson, Tamar Todd and Theshia Naidoo, for American Pain Foundation, American Medical Women's Association, Lymphoma Foundation of America, American Nurses Association, California Nurses' Association, AIDS Action Council, National Women's Health Network, Doctors of the World-USA and Gay Men's Health Crisis as Amici Curiae on behalf of Plaintiff and Appellant., Theodore Cody, Los Angeles, and David Goldberg, for Protection and Advocacy, Inc., and Equal Rights Advocates as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Jackson Lewis, D. Gregory Valenza, Marlena G. Gibbons, Patrick C. Mullin, Timothy C. Travelstead and Robert M. Pattison, San Francisco, for Defendant and Respondent., Deborah J. La Fetra, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent., Suzanne B. Gifford and Richard A. Katzman, San Jose, for Santa Clara Valley Transportation Authority as Amicus Curiae on behalf of Defendant and Respondent., Cook Brown, Dennis B. Cook, Sacramento, and Ronald E. Hofsdal, for Western Electrical Contractors Association as Amicus Curiae on behalf of Defendant and Respondent.