Employment Rights Bill Passes California Assembly

A medical marijuana employment rights bill that
would protect California patients from being
fired because their medication is marijuana
passed the California Assembly Wednesday.
Introduced by leading legislative medical
marijuana defender Assemblyman Mark Leno (D-San
Francisco), and cosponsored by Assemblymembers
Patty Berg (D-Eureka), Loni Hancock (D-Berkeley)
and Lori Saldaña (D-San Diego), the bill, AB
2279, would overturn a January California Supreme
Court decision, Ross v. Raging Wire.
In that case, the state Supreme Court upheld the
ability of employers to fire employees who test
positive for marijuana even if they are patients.
That decision left the state's estimated 150,000
registered medical marijuana patients facing
renewed job insecurity.
AB 2279 would undo that ruling. It would "declare
it unlawful for an employer to discriminate
against a person in hiring, termination, or any
term or condition of employment or otherwise
penalize a person, if the discrimination is based
upon the person's status as a qualified patient
or primary caregiver, or a positive drug test for
marijuana, except as specified."
The bill also provides authorization for those
who have been discriminated against by employers
because of their medical marijuana use to sue for
damages, seek injunctions and other appropriate
relief. It would not prevent an employer from
firing an employee who is impaired on the job
because of medical marijuana use.
"AB 2279 is not about being under the influence
while at work. That's against the law, and will
remain so," said Leno, the bill's author. "It's
about allowing patients who are able to work
safely and who use their doctor-recommended
medication in the privacy of their own homes, to
not be arbitrarily fired from their jobs. The
voters who supported Proposition 215 did not
intend for medical marijuana patients to be
forced into unemployment in order to benefit from
their medicine," Leno continued.
"The California Assembly has acted to protect the
right of patients to work and be productive
members of society," said Joe Elford, Chief
Counsel with Americans for Safe Access, the
medical marijuana advocacy group that argued the
case before the Court and is now a supporter of
the bill. "The state Senate now has the important
task of passing this bill with the aim to protect
the jobs of thousands of Californians with
serious illnesses such as
cancer and HIV/AIDS."
"It's important that we not allow employment
discrimination in California," said Gary Ross,
the former plaintiff in Ross v. Raging Wire. "If
the Court is going to ignore the need for
protection, then it's up to the legislature to
ensure that productive workers like me are free
from discrimination."
The bill has broad support from labor, business,
civil rights, and medical groups.