The Ninth Circuit Court of Appeals allowed Joel Hernandez's case to proceed to a jury trial. Hernandez, who worked for the company for 25 years, quit in 1991 after testing positive for cocaine. He reapplied at Raytheon two years later after completing treatment, but was denied employment.

Last December, the U.S. Supreme Court ruled in favor of Raytheon, saying companies had discretion in denying employment to people recovering from alcohol and other drug addiction.

However, the court failed to address whether employees with addictions are protected under the Americans With Disabilities Act (ADA) and ordered the appeals court to reconsider the issue.

The appeals court ruled that a jury should decide whether Hernandez was discriminated against under the 1990 law. The ADA protects individuals who are drug-free after being treated for their addiction.

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