Legal Question in Disability Law in California

Medication

I applied for a job as a Substance Abuse Counselor for a company and after being lead to believe I was getting the job and while filling out the employment packet the question came up about medication. (medical cannabis for server chronic pain due to car accident)I was honest and told them of my medication that is prescribed by a doctor and showed my patient ID card and was told by one person it was not a problem and when I informed the other interviewer about it they said they needed to make some calls first regarding my medication. After being told to call back several different times for the answer about the job I was then informed today that they could not hire me because of my medication. This seems to me as discrimination. Is there any legal action that can be taken ? Or am I to lie on all my employment applications about my medication just to get a job ? Please help and advise me in this matter. Thank you.


Asked on 12/26/06, 5:23 pm

2 Answers from Attorneys
James Peters Peters Law Group

Re: Medication

Your case will be governed by the California Supreme Court case of Ross v. Ragingwire, Case No. S138130, which deals with this very issue.

It has been in the Supreme Court for over one year now and should be decided relatively soon.

We would be willing to take on your case, but likely we would have to wait and see what the Supreme Court decides.

Please keep in mind that in California you must file a complaint within one year of the date of your termination to preserve your rights.

Read more
Answered on 1/15/07, 10:12 pm
Thomas Pavone Pavone & Cohen

Re: Medication

Although medical use of marijuana is legal in California courts have upheld a termination of an individual authorized to use medical marijuana due to drug test issues. The problem stems from the continued Federal prohibition which allowed the employer to argue that it was complying with the law.

In light of that case you may have difficulty challanging the refusal to hire. Contact an experienced employment attorney in your area to discuss your specific facts.

Read more
Answered on 1/15/07, 3:06 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California