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Archive for April, 2008

Ninth Circuit Court of Appeals ruling supports Preplacement exams

Tuesday, April 8th, 2008

As we had hoped, the Ninth Circuit Court of Appeals reversed an earlier decision that held UPS liable for making sure its drivers could hear before driving. Seems a bit silly that they had to go to all the way to the Appeals level for that ruling, doesn’t it?

The earlier ruling by a three judge panel, also in the Ninth Circuit, told employers that they couldn’t screen prospective employees to ensure they could safely perform the essential functions of their jobs if they were screening for conditions that might be considered disabilities.So, according to the original ruling – knowing that employees can see or hear to identify safety hazards around them wasn’t considered as important as making sure they weren’t discriminated against if they couldn’t see or hear.