Jottings By An Employer's Lawyer

Thursday, October 09, 2003

New Term For Supreme Court - ADA Case Up First

On a term that so far does not have many blockbuster employment law cases scheduled, the first day of argument addressed the question of whether an employee terminated for failing a drug test can sue if he is not rehired when he is drug free. The company's position is that he was barred because of its no re-hire rule when an employee is terminated for misconduct. In Hernandez v. Hughes Missile Systems (9th Cir. 2002), Judge Stephen Reinhardt writing for the court ruled against the company. Jan Greenburg of the Chicago Tribune has the story on how the argument went. Hopefully, given the 9th Circuit's checkered history in the Supreme Court, this will be reversed. Although one of the most important employment law cases last term was Costa v. Desert Palace, where the 9th Circuit view prevailed. Hopefully, that will be the exception rather than the rule.


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