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

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Added on  2022-08-10

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This article discusses the case of Raytheon Co. v. Hernandez, which deals with the refusal of an employer to re-hire an employee discharged for workplace misconduct. It analyzes whether the Americans with Disabilities Act of 1990 gives the authority of refusal to an employer to re-hire an employee discharged previously on the ground of workplace misconduct and whether a former alcoholic and drug abuser are categorized as disabled under ADA.

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

   Added on 2022-08-10

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Running head: EMPLOYMENT LAW
EMPLOYMENT LAW
Name of the Student
Name of the University
Author Note
Employment Law: Refusal to Re-hire an Employee Discharged for Workplace Misconduct_1
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).
Employment Law: Refusal to Re-hire an Employee Discharged for Workplace Misconduct_2

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