Bryan v. United Parcel Service, Inc.

ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF FEHA DISABILITY AND CERTIFYING THE CASE TO THE COURT OF APPEALS UNDER 28 U.S.C. 1292(b)

ALSUP, District Judge.

INTRODUCTION

In this case under California’s Fair Employment and Housing Act, plaintiffs contend that defendant United Parcel Service, Inc., discriminated against them by excluding them from working as full-time, package-car delivery drivers because of an alleged disability, namely, the loss of vision in one eye. The threshold question is whether plaintiffs are disabled within the meaning of FEHA. As an issue of…