• U.S. Supreme Court Rules That Neutral No-Rehire Policy is Legitimate, Nondiscriminatory Reason Under the ADA for Employer's Refusal to Rehire Former Employee
  • February 3, 2004 | Authors: John Scalia; Michael J. Buddendeck
  • Law Firm: Greenberg Traurig, LLP - McLean Office
  • In just its second decision addressing the substantive protections of the Americans with Disabilities Act ("ADA"), the U.S. Supreme Court last month held that an employer's no-rehire policy constitutes a legitimate, nondiscriminatory reason under the ADA for refusing to rehire a former employee, as long as the policy is applied equally to all rehire applicants previously terminated for misconduct.