Jana L. Morton v. United Parcel Service, Inc.

Jana Morton appeals from the district court’s order granting summary judgment for defendant-appellee United Parcel Service (“UPS”) on her claim under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 . We reverse.

I. Background

Morton was employed in Phoenix by UPS from 1992 until her resignation in June 1996. She was initially employed as a part-time warehouse worker, with duties including sorting packages and loading and unloading vehicles. Morton was honored by UPS as “Employee of the Month” on four separate occasions between 1992 and 1994. In February 1995, she applied for the position of “package car driver,” a full-time position which is the primary route to advancement at UPS.

The Department of Transportation (“DOT”) regulates vehicles with a gross vehicle weight rating in excess of 10,000 pounds. Professional drivers who drive such vehicles are required by federal law to be certified by DOT. 49 C.F.R. §§ 390.5 , 391.41(b). UPS has a policy of hiring for driving positions only individuals who have obtained DOT certification.

Morton is severely hearing ' impaired, which precludes her from obtaining DOT certification. Thus, although she successfully passed…