Raytheon Co. v. Hernandez

Summary

Justice Thomas delivered the unanimous opinion of the seven participating Justices. The Court held that a neutral policy against rehiring employees terminated for workplace misconduct supplies a legitimate, nondiscriminatory reason under the McDonnell Douglas framework. The Ninth Circuit improperly imported disparate-impact considerations into Hernandez’s disparate-treatment claim instead of considering whether the employer’s explanation was pretextual. The Court vacated the judgment and remanded without deciding whether the ADA confers preferential rehire rights on rehabilitated employees previously terminated for violating workplace rules. There were no separate opinions. Justices Souter and Breyer did not participate.