Hernandez

The Supreme Court has remanded this case for our consideration of one question, whether there was “sufficient evidence from which a jury could conclude that [Raytheon] did make its employment decision based on [Joel Hernandez’s] status as disabled” despite its proffered explanation. 1 Raytheon Co. v. Hernandez, - U.S. -, -, 124 S.Ct. 513, 520 , 157 L.Ed.2d 357 (2003). Because viewing the record in the light most favorable to Hernandez, it gives rise to a genuine issue of material fact as to whether the decision not to re-hire him was based on his disability, we again reverse the district court’s grant of summary judgment.

I

Joel Hernandez worked for Hughes Missile Systems, which has since been purchased by Raytheon Company, for 25 years, beginning in 1966. 2 In 1986, his *566 drug and alcohol problem began affecting his conduct at work. In August of that year, rather than face termination for absenteeism as a result of this problem, Hernandez accepted Raytheon’s offer to enter a treatment program. Upon finishing the treatment program, Hernandez went back to work for the company.

In 1991, Hernandez’s attendance problems recurred. On July 11, 1991, he arrived at work…