Congressional Digest

Supreme Court Debates December 2003 No. 9 Vol. 6
Joel Hernandez

Drug Addiction in the Workplace

Hiring Practices and the Americans With Disabilities Act

Joel Hernandez

Respondent

Stephen G. Montoya, Counsel of RecordOn July 15, 1991, Joel Hernandez was forced to resign as a calibration service technician at Hughes Missile Systems in Tucson, Arizona, when he tested positive for cocaine use. On January 27, 1994, Hernandez applied for a job opening at Hughes similar to the position he had left more than two years earlier. With his application, he attached notes from the pastor of his church and from his counsellor at Alcoholics Anonymous attesting to Hernandez’s character and the fact that he was now "sober." Hughes refused to consider Hernandez’s application, claiming that the company had…

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