Raytheon Co. v. Hernandez
Hernandez worked for Hughes Missile Co. (the Company), which fired him after he tested positive for use of cocaine. Three years later Hernandez applied for a job opening at Hughes. Hernandez indicated on the application that he had previously worked for the company and attached a letter from a counselor saying that he maintains his sobriety and regularly attends Alcoholics Anonymous meetings. Hernandez was not rehired. He sued the Company (subsequently purchased by Raytheon Co.), alleging that it discriminated against him on the basis of disability in violation of the Americans with Disabilities Act (ADA). Alcoholism and drug addiction both qualify as diseases under the ADA. The district court ruled in favor of the Company, which claimed that its decision was made based on an unwritten policy of not rehiring employees who had been terminated. The court of appeals reversed, finding (1) there is an issue of material fact in the Company's reason for not rehiring Hernandez, and (2) that the Company's policy of not rehiring fired employees was unlawful under the ADA as applied to employees terminated for drug use who have been successfully rehabilitated.
Question Presented:
Whether the ADA confers preferential rehire rights on employees lawfully terminated for misconduct, such as illegal drug use.
