You are a paralegal for an Employment Law firm located in the San Francisco Bay Area. Your managing attorney presents the following summary of an interview she had with a possible plaintiff, who has sought your firm’s representation in an unlawful dismissal action based on the Americans With Disabilities Act and the California laws that reinforce the ADA.
“Mr. Smith worked as a software designer for X Corporation from 1995 through January of this year. Smith worked in a small work group that was networked to other X Corporation locations. He had consistently good job reviews and no history of discipline within the company. A new manager decided to implement a company-wide drug test. Mr. Smith smokes marijuana legally under California’s medical marijuana law, pursuant to the written recommendation of a licensed MD. After he failed the drug test, X Corporation fired him.”
Mr. Smith thinks his firing was unlawful discrimination under the ADA and California law. What are his best arguments? Briefly explain the law and explain the plaintiff’s arguments.
Please do research and explain what the current status of California case law is on this issue. Does Mr. Smith have a strong case?
The total length of your paper should be 800-1000 words (Approximately 400-500 words for each question).