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Raytheon v. Hernandez

Docket No.: 02-749
Argued: October 8, 2003
Decided: December 2, 2003

Topics:

Americans with Disabilities Act (ADA), Civil Rights, ADA, Age Discrimination in Employment Act, Americans with Disabilities Act, Article I, Civil Rights Act, Discrimination in Employment, disparate impact, disparate treatment, illegal drug use

PartyNames: Raytheon Company v. Joel Hernandez
Petitioner: Raytheon Company
Respondent: Joel Hernandez

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 298 F.3d 1030. QUESTION PRESENTED Whether the Americans with Disabilities Ac t confers preferential rehire rights onemployees lawfully terminated for misconduct, such as illegal drug use.
Supreme Court Docket

Raytheon Company
v.
Joel Hernandez
540 U.S. 44 (2003)
Question:

Does the Americans with Disabilities Act permit employers to refuse to rehire job applicants because of prior workplace rule infractions related to drug or alcohol addiction?

Note:

CA 9, 298 F.3d 1030. QUESTION PRESENTED Whether the Americans with Disabilities Ac t confers preferential rehire rights onemployees lawfully terminated for misconduct, such as illegal drug use. CERT. GRANTED: 2/24/03Justice Breyer took no part.

Raytheon v. Hernandez
ORAL ARGUMENT

October 8, 2003

Holding: vacated and remanded
Decision: Decision: 7 votes for Raytheon, 0 votes against
Vote: 8-0
Recused: who
Opinion By: Justice Clarence Thomas
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