This is a preview. To continue reading please Log in or Register to Read This Article

Applicants With Disabilities Must Be "Qualified" to Challenge Hiring Test as Discriminatory

This report relates to 1 case(s)

  • expand disabled

    Bates v. United Parcel Service, Inc., 511 F.3d 974 (9th Cir. 2007) (0 other reports)

Author: Michael T. Borruso

In Bates v. United Parcel Service, Inc., +511 F.3d 974 (9th Cir. 2007), the 9th Circuit Court of Appeals addressed what hearing-impaired job applicants need to prove in a disability discrimination case.

The employer had required all package-car driver applicants to take a hearing test that the federal Department of Transportation (DOT) required for commercial vehicles that are heavier than the employer's brown delivery cars. This qualification standard had the effect of screening deaf applicants out of consideration.