A 9th Circuit U.S. Court of Appeals panel ruled Tuesday that United Parcel Service violated the Americans with Disabilities Act by refusing to consider hearing-impaired workers for driving positions.

At issue was UPS’ policy mandating that its drivers pass a government hearing test, even though the test isn’t required to operate many of the company’s vehicles. UPS argued its exclusion policies were designed with safety in mind. But the court said that a blanket determination of safety can’t be made on the basis of disability.

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