Legal Opinion
Bates v. United Parcel Service, Inc.
Court of Appeals for the Ninth Circuit
Decided December 28, 2007No. 04-17295PublishedCited by 480 opinions
1Opinion of the Court
Opinion by Judge MCKEOWN; Partial Concurrence and Partial Dissent by Judge BERZON.
McKEOWN, Circuit Judge:
This appeal under the Americans with Disabilities Act (ADA) requires us to consider the intersection of a safety-based qualification standard and the “business necessity” defense. United Parcel Service (UPS) imposes a Department of Transportation (DOT) hearing standard on all package-car drivers, even though the DOT standard is federally mandated only for higher-weight vehicles. A class of hearing-impaired UPS employees and applicants who cannot meet the DOT hearing requirement challenges…
2Cases cited51 opinions
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- International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
- O'Shea v. LittletonSupreme Court of the United States · 1974
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3Cited by480 opinions
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