RAYTHEON CO. v. HERNANDEZ

No. 02-749.

540 U.S. 44 (2003)

RAYTHEON CO. v. HERNANDEZ

Supreme Court of United States.

Decided December 2, 2003.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Alan Charles Raul, Paul Grossman, Paul W. Cane, Jr., Neal D. Mollen, Jay B. Stephens, and Ronald Stolkin.

Deputy Solicitor General Clement argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, John P. Elwood, David K. Flynn, and Sarah E. Harrington.

Stephen G. Montoya argued the cause and filed a brief for respondent.*

THOMAS, J., delivered the opinion of the Court, in which all other Members joined, except SOUTER, J., who took no part in the decision of the case, and BREYER, J., who took no part in the consideration or decision of the case.


JUSTICE THOMAS delivered the opinion of the Court.

The Americans with Disabilities Act of 1990 (ADA), 104 Stat. 327, as amended, 42 U. S. C. § 12101 et seq., makes it unlawful for an employer, with respect to hiring, to "discriminate against a qualified individual with a disability because of the disability of such individual." § 12112(a). We are asked to decide in this case whether the ADA confers preferential rehire rights on disabled employees...

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