MARCH 23, 2004 UPDATE: Hernandez v. Hughes Missile Systems Co. (— F. 3d —, 2004 WL 556706, 2004 Daily Journal D.A.R. 3607, 9th Cir., Mar. 23, 2004)

The United States Supreme Court previously heard this case and sent it back to the United States Court of Appeals to determine whether Employee presented enough evidence to allow a jury to determine that Employer’s stated reasons for not rehiring him – its company policy of not rehiring individuals who had previously been discharged for misconduct – was merely a pretext for discrimination against Employee because of his past record of addiction. The Court of Appeals concluded that Employee did present enough evidence and sent the case back to the federal district court for a trial.

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