An employer told a former employee that he could not return to work at the company because it had a policy against rehiring employees who had been dismissed for misconduct. The employee lost his job because of drug use, but claimed that he had recovered from his cocaine and alcohol addiction when he applied for his job three years later. At issue is the question of whether the employee is entitled to a jury trial to decide whether the ADA was violated.
See Charles Lane, The Washington Post, October 8, 2003