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Labor & Employment Law

: Ross' Employment Law Blog

No BFOQ in ADA cases

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The 9th Circuit, in an en banc opinion, has rejected application of Title VII and ADEA bona fide occupational qualifications (BFOQ) in ADA cases. Bates v. UPS (9th Cir 12/28/2007) (en banc) (3-2) Bates sued the employer for violation of the Americans with Disabilities Act (ADA) alleging unlawful exclusion from driving vehicles of 10,000 pounds or less if hearing impaired. The trial court found in favor of Bates. The 9th Circuit reversed. The employer imposed the Department of Transpo read more

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Full post as published by Ross' Employment Law Blog on January 02, 2008 (boomark / email).

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