Hernandez v. Hughes Missile Systems Co.

298 F.3d 1030 Joel HERNANDEZ, Plaintiff-Appellant, v. HUGHES MISSILE SYSTEMS COMPANY, an Arizona corporation; Hughes Aircraft Company, a Delaware corporation; Raytheon Company, a Delaware corporation, Defendants-Appellees. No. 01-15512. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 14, 2002. Decided June 11, 2002. Amended August 12, 2002. Richard M. Martinez, Tucson, AZ, for the plaintiff-appellant. Ronald J. Stolkin, Janice Procter-Murphy, and Barney M. Holtzman, Fennemore Craig, P.C., Tucson, AZ, for the defendants-appellees. Appeal from the United States District Court for the District of Arizona; John M. Roll, District Judge, Presiding. Before REINHARDT, MAGILL * and FISHER, Circuit Judges. ORDER REINHARDT, Circuit Judge. 1 The opinion filed June 11, 2002, is amended as follows: 2 1. At page 8468, line 11 of the slip opinion, replace "discriminates on account of past disability against" with "screens out." 3 2. At page 8469, line 7 of the slip opinion, replace "who were terminated for illegal drug use in the workplace" with "whose only work-related offense was testing positive for drug use." 4 3. At page 8469, line 8 of the slip opinion, insert…