Cite as: 527 U. S. 555 (1999)
Syllabus
istration, the DOT agency responsible for overseeing the motor carrier safety regulations, made a considered determination about the visual acuity level needed for safe operation of commercial motor vehicles in interstate commerce. In contrast, the regulatory record made it plain that the waiver program at issue in this case was simply an experiment proposed as a means of obtaining data, resting on a hypothesis whose confirmation or refutation would provide a factual basis for possibly relaxing existing standards. Pp. 570-576.
(c) The ADA should not be read to require an employer to defend its decision not to participate in such an experiment. It is simply not credible that Congress enacted the ADA with the understanding that employers choosing to respect the Government's visual acuity regulation in the face of an experimental waiver might be burdened with an obligation to defend the regulation's application according to its own terms. Pp. 577-578.
143 F. 3d 1228, reversed.
Souter, J., delivered the opinion for a unanimous Court with respect to Parts I and III, and the opinion of the Court with respect to Part II, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined. Thomas, J., filed a concurring opinion, post, p. 578.
Corbett Gordon argued the cause for petitioner. With her on the briefs were Heidi Guettler and Kelliss Collins.
Scott N. Hunt argued the cause for respondent. With him on the brief was Richard C. Busse.
Edward C. DuMont argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Underwood, James A. Feldman, Jessica Dunsay Silver, Timothy J. Moran, Philip B. Sklover, Lorraine C. Davis, and Robert J. Gregory.*
*Briefs of amici curiae urging reversal were filed for the American Trucking Associations, Inc., et al. by James D. Holzhauer, Timothy S. Bishop, and Robert Digges; for the Equal Employment Advisory Council et al. by Ann Elizabeth Reesman, Corrie L. Fischel, Stephen A. Bokat, and Robin S. Conrad; and for the United Parcel Service of America, Inc.,
557
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