04/24/07 1:35 PDT
SAN FRANCISCO (BCN)
A federal appeals court in San Francisco announced today it will reconsider whether United Parcel Service Inc. can automatically bar deaf drivers from driving lightweight delivery trucks.
The 9th U.S. Circuit Court of Appeals granted a bid by the Atlanta-based company for a rehearing of the case by an expanded panel of 15 judges.
The larger panel will review a decision in which three judges of the court said last year the company can't bar all deaf drivers from driving lightweight vans that weigh 10,000 pounds or less, known as package cars.
The smaller panel upheld a 2004 injunction by U.S. District Judge Thelton Henderson of San Francisco requiring UPS to make an individual assessment of a deaf driver's ability to drive safely and offer reasonable accommodations if appropriate.
UPS argued in its appeal that it should be allowed to use a hearing standard set by the U.S. Department of Transportation for vehicles weighing more than 10,000 pounds.
The standard requires a driver to be able to hear a forced whisper from five feet away.
There was no dispute that the federal standard should apply for drivers of heavier vans, but a group of deaf and hard-of-hearing drivers claimed that using that standard for package cars would violate the U.S. Americans with Disabilities Act and two California anti-discrimination laws.
One of their lawyers, Larry Paradis of Disability Rights Advocates, said the rehearing order was "a bit of a disappointment," but said, "We're still optimistic and hopeful that the court will agree with the trial judge.''
Paradis estimated that the case will be reargued sometime this fall. The injunction has been put on hold until appeals are completed.
In an earlier part of the case, UPS and the drivers reached a settlement in 2003 on two other claims related to accommodations and promotions for deaf people. The drivers' lawsuit was filed in 1999.
cbs5.com - Bay City News Wire
