The Ninth Circuit today ordered rehearing en banc of a case against United Parcel Service under the Americans with Disabilities Act. Bates v. United Parcel Service, Inc., No. 04-17295 (Apr. 24, 2007).
The three-judge panel last year affirmed findings and conclusions, following a bench trial, that UPS violated the ADA by requiring drivers to pass a Department of Transportation hearing test. The court also upheld the district court’s refusal to decertify the class. Panel opinion available here.