| Venue: | 9th Cir |
| 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. |
| Posture: | Actually, Bates represents a whole class suing under ADA, et al. |
| Issue: | Can UPS justify this discrimination as a business necessity? |
| Holding: | No. |
| 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. |
| 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. |
| Dicta: | |