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BATES v. UNITED PARCEL SERVICE, INC.

No. 04-17295.

465 F.3d 1069 (2006)

Eric BATES; Bert Enos; Babaranti Oloyede; Eric Bumbala; Edward Williams, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. UNITED PARCEL SERVICE, INC., dba UPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2006.

Attorney(s) appearing for the Case

Christopher J. Martin and Rachel S. Brass, Gibson, Dunn & Crutcher LLP, Palo Alto, California, Mark A. Perry and Rachel A. Clark, Gibson, Dunn & Crutcher LLP, Washington, DC, for the defendant-appellant.

Laurence W. Paradis and Caroline A. Jacobs, Disability Rights Advocates, Oakland, California, Todd M. Schneider and W.H. Willson, Schneider & Wallace, San Francisco, CA, for the plaintiffs-appellees.

Claudia Center and Lewis Bossing, The Legal Aid Society—Employment Law Center, San Francisco, CA, for amici curiae American Association of People with Disabilities et al.

Ann Elizabeth Reesman, McGuiness Norris & Williams, LLP, Washington, DC, for amicus curiae Equal Employment Advisory Council.

Barbara L. Sloan, Equal Employment Opportunity Commission, Washington, DC, for amicus curiae Equal Employment Opportunity Commission.

Before FLETCHER, JOHN R. GIBSON, and BERZON, Circuit Judges.

BERZON, Circuit Judge.

This case concerns whether United Parcel Service (UPS) may categorically exclude individuals from employment positions as "package-car drivers" because they cannot pass a United States Department of Transportation (DOT) hearing standard that does not apply to the vehicles in question. A class of UPS employees and applicants unable to pass the DOT hearing standard—a class we refer to throughout this opinion as "Bates" (the last name of...

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