Bates v. United Parcel Service

2006

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: