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 co-chairmen of the House Finance Committee revised their plans to introduce an income tax to Alaska for the first time in nearly four decades.
- The Sitka Sound sac roe herring fishery is in full swing. In less than a week, the fleet has caught over half of its quota. And while most crew members work on the water, spotter pilots fish for herring from the sky.
- A lot of eyes were on the U.S. House today, but, as Republican factions shuttled to the White House to negotiate, it was a day of waiting for most.
- Gov. Walker’s legislation creates a new definition for independent contractors that would determine whether employers have to pay to insure against on-the-job injuries.