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.