Courtwatch – Drugs, Alcohol, and the ADA
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.