[Dakmar]

...arguing that the marijuana had been prescribed by a physician as a means of relieving chronic back pain.

Under California law, a physician can prescribe cannabis, correct? Should an employer be allowed to discriminate against employees because they are taking prescription medication that the employer does not approve of? "Hey boy, I done told you once you ain't gonna be doin that insulin crap on my watch."

[sawsalimb]

Dang-this could really open up a can of worms.

In a perfect world,of course,freedom of association would be a respected tradition as well as being upheld by law. In a perfect world,people wouldn't be pointing guns at other people over recreational chemicals,or prescription medicines.

Not sure,but I think that Cal. Docs can recommend MJ,as opposed to prescribing it. If that's the case,a lot would hinge on the definition of "recommend." Also,was this gentleman informed prior to employment that he would be subject to testing?

[chance33_98]

Having suffered a bad injury to my back I can understand the pain. I was on hydrocodene (sp?) and the like for about a year. I was out of work due to the injury but had I been working and they fired me over it I gurantee I would have sued (although, in a no fault state like Ohio doubtful I would win). I can see reassigning duties, could not have driven a forklift or flown a plane, but firing seems out of line.

But then some might argue his company could fire him anyway for anything on anyday, so I am not sure it matters ;)

[Sweet_Sunflower29]

Should an employer be allowed to discriminate against employees because they are taking prescription medication

The only thing that makes sense to me is the potential increase of liability coming from the risk of taking a medication in the workplace which can be defined as 'mind altering'.

Had a hysterectomy almost two years ago, and due to extreme pain, I was on narcotiocs for 12 months before the actual surgery and had to be extremely careful when and where I took the meds on work days.

Just a thought-