Albertson's, Inc. v. Kirkingburg, 527 U.S. 555, 4 (1999)

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558

ALBERTSON'S, INC. v. KIRKINGBURG

Opinion of the Court

Justice Souter delivered the opinion of the Court.* The question posed is whether, under the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 327, as amended, 42 U. S. C. § 12101 et seq. (1994 ed. and Supp. III), an employer who requires as a job qualification that an employee meet an otherwise applicable federal safety regulation must justify enforcing the regulation solely because its standard may be waived in an individual case. We answer no.

I

In August 1990, petitioner, Albertson's, Inc., a grocery-store chain with supermarkets in several States, hired respondent, Hallie Kirkingburg, as a truckdriver based at its Portland, Oregon, warehouse. Kirkingburg had more than a decade's driving experience and performed well when petitioner's transportation manager took him on a road test.

Before starting work, Kirkingburg was examined to see if he met federal vision standards for commercial truck-drivers. 143 F. 3d 1228, 1230-1231 (CA9 1998). For many decades the Department of Transportation and its predecessors have been responsible for devising these standards for individuals who drive commercial vehicles in interstate commerce.1 Since 1971, the basic vision regulation has required corrected distant visual acuity of at least 20/40 in each eye

by William J. Kilberg, Thomas G. Hungar, Pamela L. Hemminger, and Patricia S. Radez.

Briefs of amici curiae urging affirmance were filed for Justice for All et al. by Catherine A. Hanssens, Beatrice Dohrn, Bennett Klein, and Wendy Parmet; for the National Employment Lawyers Association by Gary Phelan, Paula A. Brantner, and Daniel S. Goldberg; and for James Strickland, Sr., et al. by Douglas L. Parker.

*Justice Stevens and Justice Breyer join Parts I and III of this opinion.

1 See Motor Carrier Act, § 204(a), 49 Stat. 546; Department of Transportation Act, § 6(e)(6)(C), 80 Stat. 939-940; 49 CFR § 1.4(c)(9) (1968); Motor Carrier Safety Act of 1984, § 206, 98 Stat. 2835, as amended, 49 U. S. C. § 31136(a)(3); 49 CFR § 1.48(aa) (1998).

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