Maloney

Paul D. Maloney appeals from the summary judgment entered in favor of defendants ANR Freight System, Inc. (ANR) and International Brotherhood of Teamsters, Local 63 (Local 63) in Maloney’s action for damages and injunctive relief to remedy unlawful employment discrimination based on physical handicap in violation of the Fair Employment and Housing Act (the FEHA, Gov. Code, § 12920 et seq.). He contends:

This action grows out of Maloney’s employment with ANR as a truck driver. The undisputed facts are as follows. Maloney was employed by ANR as a line-haul driver in 1979, driving division runs. A division run involves 10 hours or less of driving time by a single driver who sleeps in a motel at his destination. In 1982, Maloney began treatment for a kidney disorder, which culminated in a transplant operation. He was left with one functioning kidney, a transplant, but returned to work driving division runs. He incurred no medical problems.

In early 1986, ANR added sleeper cab runs at the terminal at which Maloney worked. On sleeper cab runs, two drivers alternate driving and sleeping in the truck cab. In February 1986, ANR truck drivers bid for runs on the basis of…