Supreme Court Rules That Neutral Employment Policy May Not Be Discriminatory Under ADA

In Raytheon Co. v. Hernandez , No. 02-749 (Dec. 2, 2003), the United States Supreme Court ruled that applying a neutral norehire policy generally shields the employer from an Americans with Disabilities Act ("ADA") disparate treatment claim. The Court did not consider whether the employee had an ADA claim under disparate impact theory, as the employee had failed to raise that claim in a timely fashion below. In so holding, the Court issued a limited opinion which does not address the tensions between neutral employment policies and the ADA's reasonable accommodation duty.