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By Buddy T, About.com Guide to Alcoholism since 1997

Court Side Steps ADA Issue for Alcoholics, Addicts

Thursday December 4, 2003
A case that was thought to become a landmark case regarding the rights of recovering alcoholics and addicts under the Americans With Disabilities Act fizzled out when the U.S. Supreme Court ruled that a company refused to rehire a former employee for legitimate reasons.

The case involved Joel Hernadez, a 25-year employee of Huges Missile Systems, who quit his job in 1991 after a test revealed he had used drugs. After two years in treatment and recovery, Hernadez applied for his job back and was turned down by the company.

The Supreme Court ruled 7-0 that Huges had a legitimate reason to not rehire Hernadez, because it had a long-standing policy not to hire any employees who break rules, even if that rule is not taking drugs. Hughes gave a "legitimate, nondiscriminatory reason for refusing to rehire Hernandez," Justice Clarence Thomas, said in the ruling.

Earlier an appeals court ruled that a jury should decide if Hernandez was a discrimination victim under the 1990 disabilities law, which specifically protects people who are clean after being treated for their addiction, but does allow employers to discipline those who use drugs or alcohol on the job. The Supreme Court ruling orders the lower court to reconsider its ruling.

But some groups were disappointed in the ruling because it does give companies some circumstances for refusing to rehire recovering addicts. "It sends a dark cloud, a hopeless situation for recovering addicts as far as regaining stature in society," Hernandez told reporters.

"We're wanting to give a good, positive message to people in recovery - that there is hope for everyone of us, in spite of our past history, that we can become productive citizens," Hernandez said.

Comments

April 22, 2008 at 7:46 am
(1) drbob says:

Ridiculous ruling that reveals the “ADA” law has very small “teeth.” So it also reveals the great amount of incongruence in federal courts when it comes to ADA matters. Society at large still prefers their “people” be, at least from outward appearances, w/o imperfection or pasts’.
“Changes are blowin in the wind….” B Dillion

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