Friday, December 28th, 2007...9:29 am
9th Cir: En Banc Opinion on the ADA
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The Ninth Circuit this morning issued its en banc opinion in Bates v. UPS, where United Parcel Service had imposed DOT hearing standards on all drivers, including those driving trucks below the DOT weight floor (10,001 pounds). The court vacated the District Court’s injunction against UPS, and remanded for application of different legal standards, though that may eventually lead to the same result. The majority faulted the District Court for using the “pattern and practice” test where, as here, the discrimination was facial. McKeown wrote the opinion; Berzon and Reinhardt dissented in part.
Bates v. UPS, 2007 WL 4554016 (9th Cir. Dec. 28, 2007).
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