A jury will decide whether Raytheon Co. was wrong in not considering a former employee for another job because he had a drug problem in the past.

The 9th U.S. Circuit Court of Appeals ruled March 23 that Joel Hernandez’s lawsuit against Raytheon can proceed to a jury trial in U.S. District Court in Tucson.

The U.S. Supreme Court issued a ruling in December that favored Raytheon, giving companies leeway to refuse to rehire recovering drug addicts and alcoholics.

However, the justices refused to rule on a larger question — whether the more than 5 million workers with substance abuse problems have workplace protection under the landmark Americans With Disabilities Act.

The court ordered the 9th Circuit to reconsider Mr. Hernandez’s case.

Mr. Hernandez, 62, was a 25-year electronics employee at Hughes Missile Systems, now Raytheon. He quit in 1991 after a test showed he had used cocaine.

More than two years later, after completing drug and alcohol treatment, Mr. Hernandez was turned down when he reapplied.

The appeals court ruled that a jury should decide whether Mr. Hernandez was a discrimination victim under the 1990 disabilities law.

The law specifically protects people who are clean after being treated for their addiction, but allows companies to discipline those who use substances on the job. —

— From the Tucson Citizen