Supreme Court to Review Rehiring of Rehabilitated Drug Users February 26, 2003
News Summary
The U.S. Supreme Court agreed to hear a case centering on whether a company is legally obligated to rehire rehabilitated drug users, the New York Times reported Feb. 24.The court will determine whether employers can refuse to rehire a person whose alcohol or other drug use was the cause of dismissal.
The Americans With Disabilities Act (ADA) excludes current addiction from the definition of disability, so employers can fire workers who violate workplace rules against using illegal drugs. But the case against Raytheon seeks to determine whether the ADA also allows employers to refuse to rehire anyone dismissed for drug violations who later completes treatment and is in recovery.
The case stems from a lawsuit filed by Joel Hernandez, a former service technician for Raytheon. The company refused to rehire Hernandez because of his previous alcohol and drug problems.
In its ruling last June, the 9th Circuit Court of Appeals in San Francisco said, "We hold that a policy that serves to bar the re-employment of a drug addict despite his successful rehabilitation violates the ADA."
The court said that Hernandez was entitled to take his case to trial.
In its appeal to the Supreme Court, Raytheon argues that while the ADA "took pains not to give special rights to drug users," the appeals court did so in its ruling that one-time drug offenders are entitled to a second chance at employment.
"The ADA promises nondiscrimination," Raytheon said. "It does not promise to insulate drug abusers from the consequences of their misconduct."
Boston University School of Public Health 
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