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U.S. Court of Appeals for the Ninth Circuit

Case Status

Decided

Docket Number

04-17295

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Case Updates

Ninth Circuit addresses business necessity defense under the Americans with Disabilities Act

December 28, 2007

The Ninth Circuit agreed with NCLC and vacated and remanded a panel decision holding that UPS violated the Americans with Disabilities Act.

U.S. Chamber files amicus brief

May 23, 2007

NCLC urged the Ninth Circuit to reverse a panel decision holding that UPS violated the Americans with Disabilities Act (ADA) when it refused to consider deaf workers for jobs driving smaller vehicles that are not covered by a Department of Transportation hearing standard that applies to larger vehicles. NCLC argued that the Ninth Circuit panel erred in rejecting UPS’ business necessity defense because the decision unreasonably ignores legitimate safety concerns. Public policy calls for balancing the ADA’s goals of promoting qualified individuals with disabilities in the workplace against employers’ legitimate need to protect the safety of their employees, customers, and the general public.

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