DREDF joined as co-counsel in the preparation of an amicus curiae brief submitted to the U.S. Supreme Court on behalf of the National Employment Lawyers Association and the American Association of People with Disabilities. The central issue in the case was whether the Americans with Disabilities Act confers preferential rehire rights on employees lawfully terminated for misconduct, such as illegal drug use.
On Dec. 2, 2003, in a unanimous decision, the Court ruled that because the company had a neutral no-rehire policy concerning employing people who had demonstrated drug use while previously employed, the company’s policy did not violate the ADA.
Co-Counsel:
- Advocacy, Inc.[genericon icon=external]
- Legal Aid Society – Employment Law Center[genericon icon=external]
- National Employment Lawyers Association[genericon icon=external]