Hernandez v. Hughes Missile Systems Company

362 F.3d 564 Joel HERNANDEZ, Plaintiff-Appellant, v. HUGHES MISSILE SYSTEMS COMPANY, an Arizona corporation; Hughes Aircraft Company, a Delaware corporation; Raytheon Company, a Delaware corporation, Defendants-Appellees. No. 01-15512. United States Court of Appeals, Ninth Circuit. March 23, 2004. Stephen G. Montoya, Montoya Jumenez, P.A., Phoenix, AZ, for the appellant. Paul Grossman, Paul, Hastings, Janofsky & Walker, LLP, Los Angeles, CA, for the appellees. On Remand from the United States Supreme Court. D.C. No. CV-98-00319-JMR. Before: REINHARDT, MAGILL, * and FISHER, Circuit Judges. OPINION REINHARDT, Circuit Judge. 1 The Supreme Court has remanded this case for our consideration of one question, whether there was "sufficient evidence from which a jury could conclude that [Raytheon] did make its employment decision based on [Joel Hernandez's] status as disabled" despite its proffered explanation. 1 Raytheon Co. v. Hernandez, 540 U.S. 44 , ___, 124 S.Ct. 513, 520 , 157 L.Ed.2d 357 (2003). Because viewing the record in the light most favorable to Hernandez, it gives rise to a genuine issue of material fact as to whether the decision not to re-hire him was based on his…