ADA: Supreme Court disallows disparate impact analysis of facially valid employment procedures

In a disparate treatment suit beneath the Americans with Disabilities Act (ADA), one time an employer provides a neutral explanation for its decision not to rehire an employee the single relevant question on summary prudence is whether there is enough evidence to support a finding that the decision was actually based upon the employee's disability. In Raytheon Co v Hernandez, the United States pre-eminent Court found that the Ninth Circuit improperly applied a disparate impact analysis in a suit based upon the ADA. (1) The Ninth Circuit held that "an employer's unwritten policy not to rehire employee who left the company