Justices Weigh ADA

FORMER ADDICT SEEKS OLD JOB IN LIGHT OF LAW

WASHINGTON - The Supreme Court on Wednesday wrestled with the
workplace rights of recovering drug addicts and alcoholics in a case
with implications for thousands of employers and more than 5 million
workers with substance abuse problems.

The justices are considering whether an Arizona missile plant worker
who lost his job after testing positive for drugs deserved to be
rehired after getting sober.

In one of the most closely watched business cases of the term that
began this week, the case of Joel Hernandez requires the court to
clarify protections for workers under the landmark Americans With
Disabilities Act.

The law specifically protects people who are clean after being treated
for addiction but allows companies to discipline those who use
substances on the job.

At issue is Hughes Missile Systems' treatment of the 25-year employee
who was tested for drugs when he came to work one day in 1991 and
reeked of alcohol. Mr. Hernandez quit when the test showed he had used
cocaine. More than two years later, after completing drug and alcohol
treatment, he was rebuffed when he tried to get rehired.

The company had an unwritten policy against rehiring workers who broke
rules.

"Thousands of employers have precisely this rule," said the company's
lawyer, Carter Phillips.

The Bush administration argued that Hughes, now owned by Raytheon Co.,
and other companies should be allowed to permanently bar workers for
misconduct such as showing up on the job while on drugs or alcohol.

Mr. Hernandez's lawyer, Stephen Montoya of Phoenix, said his client
has embraced religion and overcome drugs and alcohol.

His recovery should trump the policy of never rehiring a rule-breaker,
Mr. Montoya told the justices.

Mr. Hernandez, who said he earns much less now as a maintenance
supervisor at a shopping center, attended the arguments.

"After considerable rehab, I turned my life around and went back to
apply for a job that I qualified for," he said. "I was trying to
re-establish myself."

The Supreme Court has never sided with an employee or former employee
in cases testing the reach of the ADA in the workplace.