Juneau attorney John Gaguine has this preview of a case that will be heard by the U.S. Supreme Court during the upcoming fall term. Hernandez v. Hughes Missile Systems Co. hinges on an apparent contradiction in the Americans with Disabilities Act (ADA). The measure passed by Congress specifies that a qualified individual with a disability does not include someone who uses illegal drugs. But the measure also prevents an employer from discriminating against potential employees if an applicant has successfully completed drug treatment and rehabilitation. The Ninth U.S Circuit Court of Appeals ruled last year that Joel Hernandez, who was initially forced to resign because of his use of cocaine and alcohol, may be able to persue court proceedings to force Hughes to rehire him.
Related Link: Hernandez v. Hughes Missile Systems Co.
- The law establishes Alaska as the second state in the nation to recognize Indigenous Peoples Day on the second Monday of October, replacing Columbus Day.
- U.S. Senate leaders postponed a vote on their health care reform bill, but Alaskans opposed to the bill aren’t letting up. One Alaskan, a three-time cancer survivor, went to Washington to make his pitch directly.
- Oprah Winfrey and some of her friends will be cruising through Alaska next month. Forbes reports that the seven-day Holland America cruise "Share the Adventure" departs from Seattle on July 15 on July 15. The 2,104-passenger ship will visit Glacier Bay National Park, Juneau, Sitka and other Alaskan sites.