The California Supreme Court affirmed a judgment. The court held that an employee’s use of marijuana pursuant to the Compassionate Use Act was not protected under the Fair Employment and Housing Act.

Gary Ross suffered back injuries during military service that were sufficient to render him a qualified individual with a disability pursuant to the Fair Employment and Housing Act (FEHA). When Ross failed to obtain relief from his chronic pain and muscle spasms using traditional medications, his physician gave him a recommendation to use marijuana as permitted under the Compassionate Use Act of 1996, Health & Safety Code �11362.5.