Lower Court Holding
Decision of the Ninth Circuit U.S. Court of Appeals
In July 1991, Plaintiff Joel Hernandez was given a drug test at his place of employment and tested positive for cocaine. He had worked for the Defendant, Hughes Missile Systems Company, for approximately 25 years, first as a janitor, and at the time of his positive drug test, as a calibration service technician. Hughes was also aware at this time that Hernandez struggled with an alcohol problem. Rather than being terminated, Hernandez was given the option to resign in lieu of termination, which he chose to do. On the "Employee Separation Summary," filled out at the time of his resignation,…
