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Topic: Business
Number of pages / Number of words: 7 / 1804
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However, the Ninth Circuit accepted the disparate-impact claim. The Ninth Circuit also held that in terms of the disparate-treatment claim, it cited the McDonnell Douglas Corp. v. Green, 411 U.S. 792 burden-shifting approach. According to the Court, respondent had offered a prima facie case of discrimination, wherein petitioner did not meet the burden of providing a legitimate, non-discriminatory reason for its employment violation since its no-hire policy, although non-discriminatory on its face, was found to be unlawful if used against employees who have lawfully forced to resign for illegal drug use but have since been restored to his healthy condition...


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However, the high court remanded the case to the 9th Circuit Court of Appeals to resolve the issue on discrimination that Joel Hernandez alleged against petitioner on the ground of his disability.

Apparently, the Ninth Circuit incorrectly used the disparate-impact analysis to respondent's disparate-treatment claim...


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