Legal Opinion

Bates v. United Parcel Service, Inc.

Court of Appeals for the Ninth Circuit

Decided October 10, 2006No. 04-17295PublishedCited by 11 opinions

1Opinion of the Court

BERZON, Circuit Judge.

This case concerns whether United Parcel Service (UPS) may categorically exclude individuals from employment positions as “package-car drivers” because they cannot pass a United States Department of Transportation (DOT) hearing standard that does not apply to the vehicles in question. A class of UPS employees and applicants unable to pass the DOT hearing standard — a class we refer to throughout this opinion as “Bates” (the last name of the original class’s lead plaintiff) — contends that this policy violates the Americans with Disabilities Act (ADA), 42 U.S.C. §§…

2Cases cited43 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  4. United States Postal Service Board of Governors v. AikensSupreme Court of the United States · 1983
  5. Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978

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3Cited by11 opinions

  1. Neama El Sayed Ramadan Gaser Hesham El Gendy v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  2. Hunt v. Imperial Merchant Services, Inc.Court of Appeals for the Ninth Circuit · 2009
  3. Sanford v. Memberworks, Inc.Court of Appeals for the Ninth Circuit · 2007
  4. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.District Court, C.D. California · 2007
  5. Houser v. PritzkerDistrict Court, S.D. New York · 2014

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