Robert Gomez, a former employee of a major composites company, has filed a class action lawsuit alleging systemic discrimination against employees who use cannabis legally outside of work. On February 23, 2026, Gomez lodged the complaint in the Superior Court of California for the County of Santa Clara against Toray Advanced Composites ADS, LLC. The case underscores ongoing tensions between evolving cannabis laws and workplace policies.
Gomez’s lawsuit accuses Toray Advanced Composites ADS, LLC of violating California Government Code § 12954 and the Fair Employment and Housing Act (FEHA). According to Gomez, the company discriminated against employees based on their lawful off-duty cannabis use. The complaint alleges that Toray enforced an unlawful drug-testing policy that disproportionately affected employees like Gomez, who tested positive for non-psychoactive cannabis metabolites during employer-mandated drug screenings. These tests do not measure impairment but rather detect past cannabis use through urine samples. “Defendants have acted intentionally and with deliberate indifference,” Gomez claims in his filing.
The plaintiff was employed as a warehouse clerk from January 2024 until April 2025 when he was terminated following a positive drug test for THCA—a non-psychoactive metabolite of THC. This dismissal occurred despite no evidence of workplace impairment or misconduct related to cannabis use. The complaint highlights how such policies can unjustly penalize employees who engage in legal activities outside work hours. By filing this lawsuit on behalf of himself and other similarly affected employees, Gomez seeks to challenge these practices under California law.
Gomez is pursuing several forms of relief from the court: compensatory damages for lost wages and benefits; economic damages; injunctive relief to prevent further enforcement of these discriminatory policies; and attorneys’ fees under California’s Business and Professions Code §§ 17200 et seq., which prohibits unfair business practices. He also requests certification as a class representative for all current and former employees subjected to similar treatment since January 1, 2024.
Representing Robert Gomez are attorneys Fawn F. Bekam, Jacquelyn Silva, and Desiree Ruiz Alfaro from Abramson Labor Group based in Burbank, CA. The case is presided over by Judge M. Suarez under Case ID #26CV487687.
Source: 26CV487687_Robert_Gomez_v_Toray_Advanced_Complaint_County_of_Santa_Clara_California.pdf
