Hogya

Defendant United Parcel Service, Inc. (“UPS”), denied driving positions to certain employees because the employees failed to pass UPS’s “Vision Protocol,” which requires drivers to have some central vision and some peripheral vision in each eye. In two separate actions, the employees alleged that UPS had discriminated against them because of their monocular vision, a disability, in violation of California’s Fair Employment and Housing Act (“FEHA”).

We hold that the employees are sufficiently limited in the major life activities of seeing and working to fall within FEHA’s broad definition of disability. We therefore affirm, on interlocutory appeal, the district court’s partial summary judgment on the issue of disability in favor of the employees in one action. But, for the other group of employees, who appeal from the district court’s final judgment after a bench trial, the threshold disability determination is not dispositive. Although those employees likewise are disabled within the meaning of FEHA, we affirm the judgment in favor of UPS because UPS has demonstrated that the employees would “endanger the health or safety of others to a greater extent than if an individual…