The full Ninth Circuit Court of Appeals (comprised of 28 judges) has agreed to rehear the case of a class of hearing-impaired United Parcel Service Inc. ("UPS") employees who claimed UPS violated the Americans with Disabilities Act when it refused to consider them for certain driver positions. See Bates v. United Parcel Serv. Inc., 9th Cir., No. 04-17295. As reported in the November 6, 2006 Fenwick Employment Brief, a three-judge panel previously allowed plaintiffs to pursue their claims without first proving they could safely perform the driving position. It also required UPS to justify its application of a standard that screened out plaintiffs as job-related and consistent with business necessity. Rehearing by the full court has been set for June 20, 2007.