Venue: |
9th Cir
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Facts: |
Bates is deaf, but wants to be a UPS driver. UPS says its drivers
are required to pass a DOT hearing exam associated with a
vehicle weight greater than the UPS truck. |
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Posture: |
Actually, Bates represents a whole class suing under ADA, et al. |
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Issue: |
Can UPS justify this discrimination as a business necessity? |
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Holding: |
No. |
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Rule: |
UPS would have to show either that substantially all deaf drivers
present a higher risk of accidents than non-deaf drivers or
that there are no practical criteria for determining which
deaf drivers present a heightened risk and which do not. |
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Reasoning: |
UPS hires all kinds of people who might present a risk. There's
no data showing that they're less dangerous than the deaf. |
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Dicta: |
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