Employment Law: Refusal to Re-hire an Employee Discharged for Workplace Misconduct

Running head: EMPLOYMENT LAW
EMPLOYMENT LAW
Name of the Student
Name of the University
Author Note

EMPLOYMENT LAW
1
Facts:
 The Respondent, Joel Hernandez used to work for the petitioner company named
Raytheon Co.
 On July 11, 1991, while being on duty, the respondent’s looks and conduct reflected
that he was under serious drug influence.
 The respondent was asked to go through a drug test by the company, the result for
which came positive for cocaine.
 According to the company, the respondent violated workplace conduct, and thereby
he was asked to resign from the company.
 The “Employee Separation Summary” of the employee mentioned the reason for his
discharge as ‘discharge for personal conduct’.
 After two years respondent applied for re-hiring in the same organization showing
two reference letters from his pastor and the counsellor treated him to cure his
addiction.
 Joanne Bockmiller, who was the member of the Labor Relations Department of the
company, rejected respondent’s plea on the ground that the company does not have a
re-hire policy for those who have been terminated for workplace misconduct.
 The respondent then instituted a complaint with the Equal Employment Opportunity
Commission (EEOC) appealing that the respondent did not give him a reason for
rejecting his plea.
 The respondent further held that the petitioner had violated the guidelines of
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq (Raytheon Co. v.
Hernandez, 2003).