Supreme Court to review ADA misconduct case

The U.S. Supreme Court has agreed to decide whether Hughes Missile Systems violated the Americans with Disabilities Act when it enforced an otherwise neutral policy against rehiring workers terminated for violations of its misconduct rules, even though one consequence was to deny a second chance for an employee terminated for past drug abuse, a protected disability. (Warren Richey, “Limits of disability act tested”, Christian Science Monitor, Oct. 8). See Sept. 16-17, 2002 for our earlier take on the case. More: Dahlia Lithwick, “Junkie Justice”, Slate, Oct. 8; Tony Mauro, “Supreme Court Weighs Workplace Rights for Ex-Substance Abusers”, Legal Times, Oct. 9. Update Dec. 13: Supreme Court rules.

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