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E.E.O.C. v. UNITED PARCEL SERVICE, INC.

Nos. 01-15410, 01-15976, 01-15977.

306 F.3d 794 (2002)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, James Aikens; James Francis; Chris Wilson; Shawn Hogya, Intervenors-Appellees, v. UNITED PARCEL SERVICE, INC., Defendant-Appellant. Equal Employment Opportunity Commission, Plaintiff, and James Aikens; James Francis; Chris Wilson; Shawn Hogya, Intervenors-Appellants, v. United Parcel Service, Inc., Defendant-Appellee. Equal Employment Opportunity Commission, Plaintiff-Appellant, and James Aikens, Intervenor, v. United Parcel Service, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2002.

Attorney(s) appearing for the Case

William J. Kilberg and Thomas G. Hungar, Gibson, Dunn & Crutcher, Washington, DC, for the defendant-appellant-cross-appellee.

Barbara L. Sloan, Equal Employment Opportunity Commission, Washington, DC, for the plaintiff-appellee-cross-appellant.

John J. Mavredakis, Santa Rosa, CA, for the intervenors-appellees-cross-appellants.

Laura M. Franze, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for the amicus curiae.

Before CANBY, RYMER, Circuit Judges, and BERTELSMAN, Senior District Judge.

RYMER, Circuit Judge.

These consolidated appeals involve monocular employees of United Parcel Service, Inc. (UPS) who wanted to drive small trucks and vans but are not qualified to do so under a vision protocol that UPS developed when the Department of Transportation (DOT) removed vehicles weighing less than 10,001 pounds from its own vision safety standards. At least two of these employees filed a charge of discrimination with the Equal Employment Opportunity Commission...

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