Equal Employment Opportunity Commission v. United Parcel Services, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AND INJUNCTION WITH TEMPORARY STAY PENDING APPEAL

INTRODUCTION

In this case under the Americans with Disabilities Act, 42 U.S.C. 12101, et seq., the issue is whether applicants with excellent vision in one eye but little or no vision in the other may be categorically excluded by United Parcel Service, Inc., from any and all driver positions regardless of their actual safety records and driving abilities. The issue is not whether an individual’s vision may be a factor in assessing his or her qualification for such a job. Without question, it surely can and should be. Nor is the issue whether public safety can be compromised by the ADA. Sufficient vision to drive safely is a manifest and essential job function for all positions at stake. This order makes clear that UPS need not employ any disabled driver posing a greater safety risk than the unimpaired drivers it otherwise employs. Rather, the essence of this case concerns whether the particular per se rule of categorical exclusion used by UPS is lawful under the ADA. On the trial record herein, this order holds that UPS has not proven that its omnibus rule is lawful.…