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ADA Denial of Rehire

By Rochelle B. Briscoe
February 09, 2004

Recently, a unanimous, seven-member, United States Supreme Court held that the only relevant question on summary judgment in an action alleging disparate treatment under the American with Disabilities Act (ADA) was whether there was sufficient evidence from which a jury could conclude that an employer made its decision based on an employee's status as disabled, notwithstanding the employer's proffered explanation. Raytheon Company v. Hernandez, 504 US __ , 124 S.Ct. 513 (2003). The Court further held that the employer's unwritten policy against rehiring former employees who were terminated for any violation of its misconduct rules was a legitimate, non-discriminatory reason under the ADA. This case briefing discusses the Court's opinion in Raytheon, and the decision's implications for employers.

Background

Respondent, Joel Hernandez (Hernandez) worked for Hughes Missile Systems (acquired by Raytheon Company (Company)) for 25 years. Hernandez resigned after he tested positive for using cocaine in violation of Company workplace conduct rules. More than 2 years later, Hernandez applied for a job opening at the Company, stating on his application that he had previously been employed by the Company. Hernandez included with his application two reference letters, one from his pastor, stating that respondent was a “faithful and active member” of the church, and the other from an Alcoholics Anonymous counselor, stating that respondent attends Alcoholics Anonymous meetings regularly and is in recovery. Hernandez was not rehired.

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