INCLUSION DAILY EXPRESS -- Raytheon V. Joel Hernandez

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Raytheon V. Joel Hernandez

On December 2, 2003, the U.S. Supreme Court ruled 7-0 that a Tucson, Arizona missile plant could legitimately refuse to rehire a former employee who claimed to have overcome his drug addiction. But the high court sent the case of back to the 9th Circuit Court of Appeals to determine if the company discriminated against Joel Hernandez because of his disability.

2003
October 8: High Court To Decide Whether Recovering Addicts Must Be Rehired Under ADA
December 11: Missile Plant Could Refuse To Rehire Recovering Addicts, Supreme Court Rules

High Court To Decide Whether Recovering Addicts Must Be Rehired Under ADA
By Dave Reynolds, Inclusion Daily Express
October 8, 2003

WASHINGTON, DC--The U.S. Supreme Court heard arguments Wednesday on a case that could determine whether employers can be sued under the Americans with Disabilities Act for refusing to rehire employees who claim to have overcome their drug or alcohol addictions.

The case involves Joel Hernandez who worked for Hughes Missile Systems in Tucson, Arizona for 25 years. One day in 1991 Hernandez showed up for work under the influence of alcohol and cocaine. He quit his job that day to avoid being fired.

Two years later, after having gone through a drug and alcohol treatment program, Hernandez applied for a different job at the plant.

"I was trying to re-establish myself," Hernandez said.

The plant refused to consider his application, citing an unwritten blanket policy of refusing to rehire employees fired for breaking company rules.

Hernandez filed a disability discrimination lawsuit against the company, which is now owned by Raytheon Co., claiming the company's policy violates the ADA.

The federal anti-discrimination law protects former alcohol and drug abusers who no longer abuse drugs, often indicated by their successful completion or participation in a recognized treatment program.

Raytheon argues that its policy does not discriminate against recovering or recovered alcohol or drug abusers because it bans all workers fired for breaking company rules.

The Bush administration weighed in on the case, arguing that companies should be allowed to permanently ban workers for misconduct, including showing up on the job under the influence of drugs or alcohol.

The case is Raytheon Co. v. Hernandez, 02-749.

Related articles:
"Court Weighs Rights of Recovering Addicts" (Associated Press via Findlaw Legal News)
http://www.InclusionDaily.com/news/03/red/1008a.htm
"Limits of disability act tested" (Christian Science Monitor)
http://www.csmonitor.com/2003/1008/p01s01-usju.html
Supreme Court of the United States
http://www.supremecourtus.gov/

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Missile Plant Could Refuse To Rehire Recovering Addicts, Supreme Court Rules
By Dave Reynolds, Inclusion Daily Express
December 11, 2003

WASHINGTON, DC--On December 2, the U.S. Supreme Court ruled 7-0 that a Tucson, Arizona missile plant could legitimately refuse to rehire a former employee who claimed to have overcome his drug addiction.

But the high court sent the case of Raytheon Co. v. Hernandez back to the 9th Circuit Court of Appeals to determine if the company discriminated against the worker because of his disability.

The appeals court will have to decide whether Raytheon violated the Americans with Disabilities Act when it refused to rehire Joel Hernandez, a 25-year employee who quit his job in 1991 to avoid being fired when a drug test showed he had used cocaine. More than two years later, after completing a drug treatment program, Hernandez was turned down when he applied for a different job. The plant, then known as Hughes Missile Systems, cited an unwritten policy of refusing to rehire all employees fired for breaking company rules, including drug abuse.

The ADA protects former addicts from discrimination if they no longer use drugs and have been treated for their addiction.

The Supreme Court said that Hernandez failed to show that the company specifically refused to rehire him because of his disability. The appeals court will now have to re-examine the facts to determine whether Hernandez' disability was the real reason the company did not rehire him.

The case is Raytheon Co. v. Hernandez, 02-749.

Related:
Raytheon Co. v. Hernandez (U.S. Supreme Court)
http://www.supremecourtus.gov/opinions/03pdf/02-749.pdf Requires Adobe Acrobat Reader
"National Council on Disability says partial victory in Supreme Court's Hernandez V. Raytheon Decision" (NCD news release)
http://www.ncd.gov/newsroom/news/r04-442.html

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