Rehabbed drug user ADA case taken by Supreme Court

Washington, DC, Feb. 26, 2003 -- The U S Supreme Court agreed Monday to hear another Americans with Disabilities Act case: Is refusing to re-hire a rehabilitated former drug abuser discrimination under the ADA? The case involves Joe Hernandez, a 25-year former employee of Hughes Missile Systems, who resigned when confronted with a drug test that tested positive for cocaine use. Rehabilitated, Hernandez applied to be rehired by Hughes two years later; the company refused. Hughes sued and lost; he appealed; the U.S. Court of Appeals for the Ninth Circuit in San Francisco ruled for Hernandez.

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