Across-the-Board Vision Rule Overturned - United Parcel Service Inc - Abstract - Brief Article

United Parcel Service Inc. may not apply a blanket bar to applicants with monocular vision for all driver positions regardless of their individual safety records and abilities under the Americans with Disabilities Act (ADA).

In June 1995, UPS adopted a nationwide "vision protocol," setting standards for drivers of trucks under 10,000 pounds, which are not regulated by the U.S. Department of Transportation. Applicants who failed to meet the standards were barred from employment, regardless of their individual driving abilities or safety records.

EEOC filed a class-action suit alleging discrimination against driver applicants with monocular vision in violation of the ADA.

The district court concluded that UPS had failed to devise a carefully tailored vision standard. UPS impermissibly used a rule that "swept too broadly and was not significantly correlated with the ability to drive safely."

The court enjoined the company from using its current vision rule and held that "until UPS adopts a standard that satisfies the ADA, it must make individualized employment decisions that allow otherwise qualified monocular applicants to try to demonstrate that they can perform the essential function of driving safely." EEOC v. United Parcel Serv. Inc., N.D. Cal., No. C97-00961 (12/13/00).

Impact: Employers should be aware that the ADA requires individualized assessment ofjob skills and abilities.

D. Diane Hatch, Ph.D., is a human resources consultant based in San Francisco. James E. Hall is an attorney with the law firm of Barlow, Kobata and Denis, with offices in Los Angeles and Chicago.

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