June 7, 2012


ADA Does Not Protect Medical Marijuana Use

Under state law, an employee who currently uses medical marijuana is not protected under the Fair Employment and Housing Act (FEHA).

Now, the Ninth Circuit Court of Appeals reached a similar conclusion, holding that the Americans with Disabilities Act (ADA) does not protect current medical marijuana use. James v. City of Costa Mesa, 2012 WL 1815677 (9th Circuit May 21, 2012).

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Global Politics, Local Harassment

A California court of appeal recently ruled that a California employee may pursue his lawsuit for national origin harassment and discrimination, based on comments made by co-workers following a terrorist attack overseas. Rehmani v. Superior Court, 204 Cal.App.4th 945 (2012)

California law defines harassment in the workplace as “discriminatory intimidation, ridicule and insult” that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” In addition, an employer’s failure to take reasonable steps to prevent harassment is unlawful.

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