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Submitted by knrmays on September 8, 2007
Category: Miscellaneous
Words: 1182 | Pages: 5
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Disparate treatment case
Raytheon Co. vs. Hernandez
Mr. Joel Hernandez was an employee for Raytheon Company for 25 years until he tested positive for cocaine use, thus violating company workplace conducts (Rennert, 2004). The company had decided to have him perform a random drug test after noticing a sudden change in his work performance and behavior. After being informed that the test came back positive, Mr. Hernandez admitted to drinking heavily and using cocaine the night before the drug test. Therefore, the company gave Mr. Hernandez the option to resign or to face involuntary termination, in which he chose to resign. In an effort for Mr. Hernandez to have a clean record, Raytheon Company indicated in his record that he quit in lieu of workplace misconduct.
More than two years later, Mr. Hernandez applied for rehire at the same company. Unfortunately, an employee with the company's Labor Relation's Department reviewed the application and rejected it because she stated that the company had a policy against rehiring employees who were terminated for workplace misconduct, which was clearly stated as to why Mr. Hernandez had resigned.
Mr. Hernandez then filed a complaint to the EEOC indicating that Raytheon Company did not give him a reason for rejecting his application. He believed that he had been discriminated against in violation of the ADA (The Americans with Disabilities Act), assuming that the company rejected his application because of his record of drug addiction and because he was labeled as a drug addict. The company responded by stating that his record did not have any indication of him being a drug addict. Raytheon had simply rejected his application because his previous record stated that he had been discharged for violating workplace conduct rules, in which the company a strict policy against. The stigma that attaches to a prior drug user can be a disability under the ADA, and employers cannot refuse to hire an...
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