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Raytheon Company V. Hernandez Summary

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Raytheon Company v. Hernandez
Raytheon Company v. Hernandez. This case was argued on October 8, 2003 and –decided on December 2, 2003 dealing with the Disparate Treatment. Disparate Impact occurs when someone is treated differently, regarding the terms and conditions of the workplace, because of their sex, color, race, religion, physical or mental disability or age.
In this court case employee, Joel Hernandez, from the Raytheon company had tested positive for cocaine usage. With the fear of being rejected from his employment, Joel had quit his job because he knew that he had violated petitioner Raytheon Company's workplace conduct rules. Another reason for why he resigned was based on the fact that the petitioner would have eventually fired …show more content…
Following this, Joel initiated an Americans with Disabilities Act of 1990 action, affirming that Joel Hernandez didn’t get a follow up on his application because he has a record of being a drug addict and/or because he was known for being a drug addict. On the contrary the petitioner, Raytheon Company, reacted by filing a motion for summary judgement. The respondent's argument in the alternative that in the case the petitioner tries to find a neutral no-rehire policy in his case, this is still enough to be a violation of the Americans with Disabilities Act of 1990 because of the policy's disparate impact. Despite the respondent's statement, the District Court who is handling the case had granted the petitioner's motion for summary judgement with a disparate-treatment claim and pointed out that the disparate-impact claim that was made by Joel was not timely pleaded or raised; consequently raising the issue of jurisdiction. However, the disparate-impact claim was accepted by the Ninth Circuit. The Ninth Circuit also accepted, in terms of the disparate-treatment claim, the McDonnell Douglas Corp. v. Green regarding the burden-shifting approach. According to the Court, the respondent had suggested a prima facie case of discrimination, in which

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