Employment & Labor Law
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DOWNING v. UNITED PARCEL SERVICE
15 Fla. L. Weekly Fed. S515 (M.D. Fla. July 23, 2002)
Plaintiff was born with a hearing deficit but worked his way up at UPS and sought a driving position. He was tested numerous times in an attempt to qualify for a driving position. As part of a union grievance process he was to undergo an independent hearing exam. This exam was never completed for various reasons. Plaintiff filed suit alleging that he was discriminated against in violation of the Florida Civil Rights Act and the ADA. The court found that there were factual issues with respect to whether the plaintiff was a
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