Thanks to the generous support of our donors, Disability Rights Advocates is pleased to make available on our website and in our offices the work of artists from the National Institute of Art & Disabilities (NIAD). NIAD provides an art program that promotes creativity, independence, dignity, and community integration for people with developmental and other disabilities.
After 10 years of hard fought litigation, including an appeal to the Ninth Circuit, Disability Rights Advocates has reached a settlement with UPS on the remaining issue in this class action case. The settlement resolves the question of whether UPS may use the Department of Transportation hearing standard as a threshold qualification for driving vehicles at the company weighing 10,000 pounds or less.
As a compromise to resolve this difficult issue the parties agreed to form an expert panel to develop a Hearing Protocol. The expert panel developed the Protocol as an alternative qualification standard for employees who cannot pass the DOT hearing standard. The Protocol establishes a more lenient hearing standard for individuals seeking to drive UPS vehicles weighing less than 10,000 pounds. Under the Protocol, employees unable to pass the DOT hearing standard will be provided with hearing screening by a licensed or certified audiologist in connection with their application for an on-road driving position. All Hearing Protocol screening will involve audiometric testing. Under the Protocol:
The candidate must demonstrate, at either 1 kHz or 2 kHz, a binaural sound field threshold of 45 dB HL or better (ANSI-1989), with or without hearing aids, as measured by a licensed or certified audiologist following relevant and current ANSI standards.
If a class member obtains a driving position under the Protocol, hearing examinations will be performed annually for employees with progressive hearing loss or more frequently if changes in the employee’s condition indicate the need. Examinations will occur every two years for employees with stable hearing loss.
The Hearing Protocol will be implemented for a one-year period beginning 30 days after the Court grants Preliminary Approval to the Agreement. The Court granted preliminary approval to the agreement on June 29, 2009.
If you are interested in driving vehicles under 10,000 pounds, and cannot pass the hearing portion of the DOT test, you should begin investigating the availability of jobs at your UPS facility driving vehicles under 10,000 pounds. You can do so by asking your supervisor or monitoring the bid lists for driving jobs at your facility.
As part of the settlement, UPS will provide on-road testing and driver training to all individuals who meet all other qualification requirements and pass the alternative hearing standard in under 10,000 pound package cars. All UPS managers providing on-road testing and driving training to individuals who pass the Hearing Protocol will participate in training developed to assist in more effective communication with hearing-impaired drivers and driver applicants.
With the exception of seven individuals who pursued the driving claim through service as a named plaintiff or as a union grievant, no monetary relief will be paid to class members as part of the proposed settlement. All other class members are free to pursue damages by filing separate damage claims, as those damage claims have not been released. The statute of limitations period on those damage claims has been tolled since June 25, 1997. The statutory time period in which any other class members may bring any claims seeking solely monetary relief, including backpay and/or frontpay, if not already time-barred, will begin to run on June 29, 2009. Class members who are interested in pursuing damage claims should consult an attorney or their local EEOC or state equivalent office for information about how to file a claim for damages and to determine the deadline for initiating a damages claim.
After the one-year implementation period of the Hearing Protocol, UPS will provide Class Counsel with information relating to the implementation of the Hearing Protocol, including participating employees, the outcomes of their participation, and the reasons for those outcomes. After such information is provided, the Parties will meet and confer regarding the continuation and/or modification of the Hearing Protocol. Any disputes remaining at that time about implementation of the Hearing Protocol shall be resolved through binding Arbitration. Additional information about the status of the Hearing Protocol will be provided on this website at that time.
