The Hawai'i Supreme Court declared yesterday that a company cannot fire a worker simply because the employee has a past criminal record.

In ruling for the first time on the state law barring employment discrimination based on "arrest and court record," the high court reinstated a wrongful-termination lawsuit by a Maui man fired in 2002 by Home Depot U.S.A. Inc.'s Kahului store because of a 1996 Las Vegas methamphetamine conviction.

The court sent the case back to the Maui trial court and ruled that Jon S. Logan Wright should have a chance to show that the previous conviction does not bear a "rational relationship" to the employment.

Wright's lawyer, Meyer Ueoka of Maui, said it's the first decision by the high court on the provision of the state's anti-discrimination employment law involving a worker's prior conviction. The law also bars discrimination based on race, sex, sexual orientation, age, religion, color, ancestry, disability and martial status.

"I think the court was right," Ueoka said about the ruling. "There was discrimination."

Home Depot's attorney, Jeffrey Harris, said the company was evaluating the decision and will be issuing a comment today.

Chief Justice Ronald Moon wrote the high court's 24-page unanimous decision.

Wright pleaded guilty in 1996 to using methamphetamine, according to the court's decision. He was given a suspended sentence and placed on probation, which he completed in 1997.

In 2001, Wright was hired by Home Depot as an associate sales clerk at its Kahului store's lumber department.

The court said Wright tested negative for drugs before he was hired, but said it does not appear that Home Depot conducted a criminal history check and it appears that Wright did not disclose his past conviction.

CONVICTION UNCOVERED

In 2002, Wright applied for promotion and tested negative for drugs twice. But during a background investigation, Home Depot learned about the conviction, the high court indicated.

Wright was notified in December 2002 that he was being fired because of his felony conviction.

Wright sued Home Depot, alleging his firing violated the state's anti-discrimination employment law.

The law allows an employer to consider a conviction within the past 10 years, excluding the time the worker spent in prison, as long as the conviction has a "rational relationship" to the duties and responsibilities of the job.

'CONCERN FOR SAFETY'

Home Depot responded that the conviction has "a moderate, fair, or reasonable relationship to employment at a home improvement retailer with substantial concern for the safety of its customers and employees, for its employee culture, for its goodwill and reputation, and for its interest in maintaining an honest environment."

Wright's lawyers argued that he had passed the drug tests. "It would appear, therefore, that in the spirit of the non-discriminatory law that (Wright) has been rehabilitated and deserves a chance to work," his lawyers said.

Maui Circuit Judge Shackley Raffetto dismissed the suit in 2004.

In its decision, the high court said Wright's assertion in his lawsuit that the conviction did not bear a "rational relationship" with his job duties and responsibilities was enough to keep the suit alive.

Whether he can prove the assertion is up to a jury or a judge, the court said.

Ueoka said Wright currently works with a roofing company.

The lawyer said his client was happy with the ruling.

"He was young at the time he was convicted in Nevada," Ueoka said. "And you know how the kids are today. They'll go ahead and test drugs, but fortunately, he stopped using drugs."

The law, he said, gives a person convicted of using drugs a "second chance."

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.