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Liability Risk and Insurance

Ex-addict’s bias suit carried

The 9th US Circuit Court of Appeals upheld a suit, claiming bias under the Americans with Disabilities Act, for refusal to rehire a rehabilitated addict. In Joel Hernandez v Hughes Missile Systems Co refusal to rehire, because of an unwritten company rule against re-employing workers who resign to avoid termination, was held unlawful. Mr Hernandez had, in fact, resigned following a drug test, rather than have his employment terminated.

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