High Court: Company Can Refuse to Rehire Recovering Addict December 3, 2003
News Summary
In a 7-0 ruling, the U.S. Supreme Court gave companies some flexibility in refusing to rehire individuals who are recovering from alcohol and other drug addiction, the Associated Press reported Dec. 2.The ruling pertains to a case involving Arizona-based Hughes Missile Systems, which refused to rehire Joel Hernandez, a plant worker who lost his job after testing positive for cocaine. He reapplied for a job at the company more than two years after completing drug and alcohol treatment.
In the ruling, Supreme Court Justice Clarence Thomas said that Hughes Missile Systems gave a "legitimate, nondiscriminatory reason for refusing to rehire Hernandez."
Although the court allowed for some hiring leeway, it was not the broad ruling sought by employers. The court also sidestepped the issue of whether the Americans With Disabilities Act applies to workers with addiction problems.
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