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The Supreme Court ruled that a company does not have to rehire a recovering drug addict or alcoholic if the person had been fired for violating workplace rules, such as by failing a drug test.

In a 7-0 ruling Dec. 2, the court said a "no rehire policy" is a "legitimate, nondiscriminatory reason" for rejecting an ex-drug user. The federal Americans with Disabilities Act prohibits job discrimination against people for their past abuse of drugs or alcohol, if they have undergone treatment and are currently clean. This case applies only to workers seeking to be rehired, not new hires.

The case involved a worker who was forced to resign because he failed a drug test at a Hughes Missile Systems plant in Tucson, AZ. After rehabilitation, he applied to get his job back, but was rejected.
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Title Annotation:Washington Insider
Publication:Set-Aside Alert
Article Type:Brief Article
Date:Dec 12, 2003
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