"The Ninth Circuit does it.."
"The Ninth Circuit does it.."
"again."
"again."
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 ...
Deaf people are legally allowed to drive? Excuse my ignorance on this one, but isn't hearing a required ability to drive a car? Now, I know there are many morons out there driving with their stereos blaring, but if caught, can't they be given citations for that? Isn't the reason behind that a safety reason? Maybe I'm just being dee-dee-dee, but if I'm not...oh, wait, you said the 9th circus?...nevermind...
Yeah and we should stop stupid people from becoming judges.
That will be a good first step.
You said -- "Are they out of their minds? Driving deaf is a serious safety issue. I am sure their insurer would not allow it."
In the general market, insurers cover deaf drivers right now. Being deaf and driving (right now) is not an issue with state agencies issuing drivers licenses and with insurers giving coverage.
In fact, from what I've seen from the way some hearing people drive, deaf people are better drivers because they are more alert on the visual level, because they make it a point to be.
You also said -- "So what will be next? Will the 9th Circuit rule that UPS should be forced to hire blind drivers as well?"
Well, that's obviously a joke since I'm sure even you "see" the difference.
Regards,
Star Traveler
You said -- "Deaf people are legally allowed to drive? Excuse my ignorance on this one, but isn't hearing a required ability to drive a car?"
Well, your question and a lot of other people's comments here show a severe lack of knowledge about the deaf community. Of course they're allowed to drive. It's never been a safety issue. State *do* issue driver's licenses to deaf people.
AND, that's *one good reason* for having the ADA -- in order to force people (if necessary) to come to terms and understand that these disabilities (that some people have) should not restrict them from doing certain things -- and also -- that society should accommodate them on other things.
I'm glad people are becoming *more educated* here.
Regards,
Star Traveler
Come on...we know DJ is blind, but he is not deaf!
I delivered for UPS for 29 years and took a hearing test with each physical. I doubt that if I had flunked that test, I would have been allowed to continue working therer, according to I.C.C. rules.
You said -- "In any case, what's the difference between a deaf driver and a hearing driver who is listening to a loud radio? And finally, you don't see many deaf drivers chatting on cell phones, do ya?"
Yes, they're more visually aware of their surrounding circumstances, because it's their "lifeline".
Regards,
Star Traveler
P.S. -- It's too bad that so many FReepers are so woefully ignorant on the subject. I've seen it before (on previoius threads) about the deaf community.
You said -- "So....exactly WHY do trains blow their horns when they approach a crossing?"
Because it sounds cool. And also, it scares the little kids.
Otherwise, look both ways and proceed carefully -- *regardless* of horn or "no horn".
Regards,
Star Traveler
The hearing driver listening to the loud radio would be distracted. The deaf driver would not.
And finally, you don't see many deaf drivers chatting on cell phones, do ya?
Well, now that you mention it . . .
You said -- "I see young kids driving by with music blaring so loud, they may as well be deaf."
Yeah, and the car manufacturers are advertising that their cars are *so soundproof* that you can't hear anything outside -- making the inside of your car your own private room (with no outside disturbances).
With me, I turn on the air conditioner blower and put it on high and I can't hear a thing outside (with that fan going). And I hear good (no problems there). Also, at times, I've had people in the car that want the radio on, up a bit loud, too -- and you're right, you can't hear what's going on outside.
In those cases, you're *highly dependent* upon your *eyes* to warn you of what's happening.
Regards,
Star Traveler
You said -- "A deaf person can operate a vehicle just fine and probably more observant of their surroundings than the hearing."
That's absolutely right. The deaf person has a highly tuned ability for "seeing". I don't mean that they actually see any better (physically) -- but rather -- that they *pay attention* better than the hearing person does. The hearing person will rely upon their sense of hearing to the detriment of their sight (at least to the extent that the deaf person uses it).
Regards,
Star Traveler
Have you noticed, UPS does not have any drivers in wheelchairs?
He's just gettin' a bit long in the tooth. Is UPS going with him to Toyota?
Don't know how to tell ya this, Tommy, but I recall reading years ago that UPS *was* sued for not allowing people who were blind in one eye to drive the trucks.
This either happened or my aging memory is failing me.
"DJ, you can go towards the front anytime now."
"Say that again!"
"Now is the time to GO, driver!"
"What did you say?"
"GO GO GO - NOW!"
"10-4. I'll just hang right here for a few more laps."
That's interesting, thanks for that little tidbit of knowledge! I didn't realize that.
This isn't a fair fight, logically, so I'm going to do the stand-up thing and withdraw.
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