US 9th Affirms Safety-of-Others FEHA Defense

The United States 9th Circuit Court of Appeals ruled that although plaintiffs-employees' monocular vision is a disability within the meaning of California's Fair Employment and Housing Act (FEHA), the employer was not illegally discriminatory under the act where it has satisfied FEHA's safety-of-others defense. In Hogya v. United Parcel Serv. (09/15/05 - No. 03-16855), 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 periphera...