|
Court rejects policy against rehire of terminated
employees
The 9th Circuit Court of Appeals has ruled that
a blanket prohibition on reemployment of workers terminated
for violating company policy may violate the Americans with
Disabilities Act (ADA). The ADA protects job applicants who
have recovered from drug and alcohol dependencies, including
former employees who were terminated for alcohol or drug abuse.
Hernandez had a positive drug test and an alcohol problem.
Hughes Missile Systems allowed him to resign in lieu of termination,
and documented only that explanation in his personnel record.
He applied for rehire three years later, and included a letter
from a substance abuse counselor attesting to his recovery.
Bockmiller, an employee in the labor relations department,
reviewed the application and the personnel record. She decided
Hernandez was ineligible for rehire because of the company's
policy prohibiting rehire of terminated employees.
The appeals court reversed the trial court's summary judgment
in favor of the company, ruling that Hernandez' rejection
was unlawful and the policy invalid as applied to recovered
drug or alcohol abusers.
The decision also underlines the importance of a carefully
drafted position statement to the Equal Employment Opportunity
Commission (EEOC) during a discrimination investigation. Bockmiller
testified that she only knew the prior employment ended because
of misconduct. However, a written position statement to the
EEOC prepared by another company representative said, "Hernandez
was rejected based on his demonstrated drug use when previously
employed and complete lack of evidence indicating successful
rehabilitation." Hughes argued that the position statement
should be ignored because the writer did not make the decision.
The appeals court cited this conflict among the reasons it
reversed the summary judgment. Hernandez v. Hughes Missile
Systems Company No. 01-5512 (June 11, 2002).
|
