Court Says Company Must Face Trial in Case of Addicted Worker June 14, 2002
News Summary
The Ninth U.S. Circuit Court of Appeals in San Francisco, Calif., ruled against an employer who refused to rehire a former employee dismissed for drug use who later completed addiction treatment, the San Francisco Chronicle reported June 12.The court ruling reinstated a lawsuit filed against Hughes Missile Systems by Joel Hernandez, a 25-year Hughes employee who resigned while facing dismissal after testing positive for cocaine.
Nearly three years later, Hernandez reapplied for a job with the company and supplied documents and testimonials on his recovery from addiction. But the company said Hernandez was ineligible for consideration under its hiring policy.
"Part of rehabilitation is returning to work successfully," said Hernandez's lawyer, Richard Martinez.
In its ruling, the court said Hughes decision ran afoul of the Americans with Disabilities Act (ADA). "A policy that serves to bar the re-employment of a drug addict despite his successful rehabilitation violates the ADA," said Judge Stephen Reinhardt in the 3-0 ruling.
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