Court says epileptic driver can stay behind the wheel
AUGUSTA, Me. — A U.S. federal court has ruled that a UPS driver with epilepsy can continue to drive truck.
According to the Kennebec Journal in Maine, the U.S. Court of Appeals ruled that the parcel deliverer-LTL company discriminated against 43-year old Paul Warren under Maine’s Human Rights Act for refusing to reinstate him as a truck driver.
Warren was taken off the road by the carrier in 2001 after being diagnosed with epilepsy.
UPS argued that the driver needed a Department of Transportation driving card. However, Maine does not require the card; and reportedly the card is required only for drivers who operate a vehicle of 10,000 lb or more — not for the 8,500-pound truck Warren drove before his diagnosis.
The court stated that UPS did not meet the burden of prove that the driver is a safety risk.
Warren received back pay of more than $74,000 and was ordered reinstated.
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