• Hernandez v. Hughes Missile Systems Co.: Company's Policy Against Rehiring Rehabilitated Employees Who Left Due to Violations of Company's Drug Use Policy Violates the ADA
  • June 5, 2003 | Authors: David Borovsky; Douglas James Melton
  • Law Firm: Long & Levit LLP - San Francisco Office
  • Joel Hernandez had worked for Hughes Missile Systems for twenty-five years when he tested positive for cocaine use in a company drug test. Hernandez chose to resign instead of being fired. Two years later, Hernandez, who was then allegedly fully rehabilitated, applied to Hughes for rehire. Pursuant to the company's "unwritten policy" of not rehiring former employees who left employment because of company rules violations, Hughes rejected Hernandez's application.