Deaf/Hard of Hearing ping list
with interests in health and society
Posted on 10/10/2006 12:59:50 PM PDT by SmithL
San Francisco -- A federal appeals court on Tuesday upheld a lower court ruling that UPS Inc. violated anti-discrimination laws by automatically barring the deaf and hearing-impaired from driving parcel delivery trucks.
The 9th U.S. Circuit Court of Appeals agreed with U.S. District Judge Thelton Henderson's 2004 ruling that the Atlanta-based company's practices breach the Americans with Disabilities Act.
Henderson, in a class-action case representing as many as 1,000 would-be drivers, ruled that the hearing impaired should "be given the same opportunities that a hearing applicant would be given to show that they can perform the job of package-car driver safely and effectively." The San Francisco federal court order was stayed pending appeal.
On appeal, UPS maintained its hiring practice was a safety issue and that it was not discriminating. The company did not immediately have a comment, a spokesman said.
"While UPS offered anecdotal testimony involving situations where a driver avoided an accident because he or she heard a warning sound, the company ... failed to show that those accidents would not also have been avoided by a deaf driver who was compensated for his or her loss of hearing by, for example, adapting modified driving techniques or using compensatory devices such as backing cameras or additional mirrors," Judge Marsha Berzon wrote for a three-judge panel of the appeals court.
The case was litigated by Disability Rights Advocates who represented current and former employees who were passed over for driving positions, and other potential employees who consented to what the group dubbed UPS's "deaf-need-not-apply" policy.
(Excerpt) Read more at sfgate.com ...
Don't agitate the dots.
Deaf/Hard of Hearing ping list
with interests in health and society
Ignorance is just another form of handicap. As a deafie (LDA), I am quite used to it on here in many forms. Such is life.
IF they follow some safety rules like a truck walk around before moving which is a good idea for all, then it isn't likely to happen to them anymore than a driver who can hear. Ever yell at a UP diver once the engine starts? They can't hear you.
IF the driver can pass a D.O.T. physical and demonstrate the capabilities and skills to drive then let them. But there is another factor here which has to be addressed and that is customer communications. UPS runs trucks on a tight schedule. The drives literally drive like mad to make scheduled stops and deliveries. They are timed and the company knows where their drivers are within a few minutes. I suppose communications can be worked around. The driver would need to have the skills to communicate quickly. Many deaf persons can do so. For example if the driver is also illiterate then forget it.
Deafness is a disability and disabilities come in all forms. Many walking disabled are out there with disabilities others can not see. I'm partially deaf myself but I could get in an 18 wheeler right now and drive it if not for my other medical disability for which I can not work. I could still drive an 18 wheeler but not safely.
My last job was medical facility building maintenance. I don't mean janitor I was skilled labor in Boiler Operations, Electrician, HVAC Tech, and plumbing. But my concentration capabilities and tolerances to certain audio and visual stimulation say I can no longer work. Actually through compensating I stayed a few months longer at my job than what was safe for all concerned. I also have to understand the fact I may at any time have to surrender my drivers license for my car if some seizure activity which stays in by shoulder blades so far moves down into my elbows and hands.
You have to know and understand your limitations that is your responsibility to be open and honest about them when seeking employment. Oh yea I'm also technically blind in one eye. Two eyes with vision never at the same time. I'm a sensory system wreck :>} One other point here is this. Vestibular {Hearing} Disorders can mean other issues like poor concentration or poor sensory processing in other areas. That needs to be checked out as well and be a factor in hiring a driver. That should be cause not to hire as well.
If the UPS driver has visual impairments like single vision and deafness that should be enough to say no hire. The brain is pretty amazing at compensating but compensation can only do so much as it starts putting the brain in conflict. It's like a computer only so much data can be processed and so many functions can be done at one time. Compensation after an extended time frame can also bring on more serious issues as my brain told me in a very rude way.
I'm against the ADA on principle that government has no right managing someone else's business and ADA laws should apply only to taxpayer funded facilities and government venues. IOW City Hall should be built accessible to persons in wheel chairs or blind etc. But government should not be able to force Joe's Diner to do the same as adaption can be impractical in many cases and costly in most. I say this as a caregiver of 20 year to a quadriplegic. We give business to those who do in appreciation but we don't demand anyone build wheelchair ramps etc.
I agree with you on this, but I'm kind of split. Don't you think that with the large trucks they drive, the driver's view is already limited? I'm not trying to say deaf people can't do it, I'm sure some can better than a lot of those who hear perfectly, but couldn't there be a compounding of two potential problems? And with the idiots on the road like there are these days, who knows what could happen?
No, you're just calling for Uncle Sam to completely throw aside the rights of employers to hire and fire as a means to guarantee "fairness." Do their rights enter into your moral calculus? Apparently not. Of course, I am probably wasting my time. Few people care anymore about such "outmoded" concepts as freedom of contract and private property.
sure sucked having to hire women and blacks...those were the good ol' days when we could ignore their contributions to society in the workplace
That's what my near deaf co-worker said.
come on he's named after a star trek character - you think he's rational spidey? ;)
good point...i'm a cartoon character talking to a star ship captain. not quite dealing in reality are we :)
The thing is the DOT is the gubmint, and even the Lawgivers-In-Black tend to give defference to gubmint agencies (at least unless they can get away with blaming those eeeeeeeviiiiillll Republicans).
deaf drivers are better drivers than hearing drivers. less distractions. There are no problems getting insurance.
Wrong. There are plenty of deaf pilots. Do a google. They have their own assocation.
Wrong.Wrong.Wrong.Wrong.Wrong.
Something tells me you got great relish posting that word.
So, anyway, like another poster pointed out, you don't really need to hear, to fly, what with all those instruments. And there aren't garbage trucks, emergency vehicles, school buses, etc. to worry about when flying.
If he had to drive 50,000 miles a year to do it, yeah, I'd probably whine about it.
I was thinking about large commercial policies, not individual ones. It doesn't have to make sense, but large insurers sometimes put stipulations like that in their policies.
As a former commercial driver, I was required to have my hearing checked every two years. It was my understanding that failing such a test would disqualify me as a commercial driver.
I'm pointing out you're wrong in your assessment of deaf pilots or drivers. If you want to live in your ignorance and narrow little world, be my guest.
oh, btw, WRONG.
oh, btw, WRONG.
lol.
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