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Thursday, April 23
The Indiana Daily Student

Drug addicts can change

Second chance is key to rehab

In 1991, Joel Hernandez, an employee of 25 years at Hughes Missile Systems in Arizona, showed up to work smelling of alcohol. The company decided to administer a drug test that showed Hernandez had also used cocaine. \nHughes Missile Systems (now Raytheon Co.) gave Hernandez the option to resign or be fired. Hernandez chose to quit, but a note explaining the predicament was placed in his permanent file. In 1994, when Hernandez reapplied for the job after two years of rehabilitation and sobriety, he was denied. Hernandez decided to sue for discrimination. \n The district court that heard the suit threw out the case even before trial. But a panel of the Ninth Circuit Court of Appeals argued that Hernandez's treatment could qualify as discrimination under the Americans with Disabilities Act and unanimously overturned the ruling.\n The case has made it all the way to the U. S. Supreme Court, but considering that two justices (Sandra Day O'Connor and Ruth Bader Ginsburg) have questioned the necessity of a court ruling and two others (Stephen Breyer and David Souter) have decided not to participate, it seems likely the case will be dismissed.\nWas Hernandez discriminated against? Sure. Raytheon decided not to rehire him because of his past addiction -- he broke company policy. Was it (or should it be) illegal for Raytheon to refuse to rehire Hernandez? No. Freedom of association is one of the most vital elements of the private enterprise system upon which this country's economy depends. Raytheon has every right to hire and rehire those persons that align well with its standards and policies. There is no constitutional justification for the government telling Raytheon who it should and should not hire. Simply put, it's not the government's job.\nOn the other hand, it is shameful that Raytheon didn't give Hernandez a second chance. This man was a long-standing worker for the company and made a significant dedication to his rehabilitation. "After considerable rehab, I turned my life around and went back to apply for a job that I qualified for; I was trying to re-establish myself," he told the Associated Press following the ordeal. For a recovering drug addict, two years of sobriety constitutes a considerable change in character for that person.\nDrug addiction does not claim a skin color, certain attire or even a certain amount of wealth. Indirectly or directly, it's a problem that affects all of us. Rush Limbaugh recently admitted his addiction to pain killers, a problem that was shared by even Chief Justice William H. Rehnquist in the early 1980s. Although Raytheon should not be obliged to rehire Hernandez, any noble and dignified company would.\nThe bottom line: you have to believe in people and in the power to change.

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