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Court says UPS discriminated against deaf drivers
AP ^ | 10/10/6 | DAVID KRAVETS

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 ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: 9thcircus; deaf; dhoh; ups; whatcanbrowndo
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Huh?
1 posted on 10/10/2006 12:59:51 PM PDT by SmithL
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Yeah, it's the 9th Circus.


2 posted on 10/10/2006 1:00:16 PM PDT by SmithL (Where are we going? . . . . And why are we in this handbasket????)
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To: SmithL

Hi. You're deaf, I'm a lawyer, and I'm gonna use you to make me rich.


3 posted on 10/10/2006 1:01:45 PM PDT by the invisib1e hand (* nuke * the * jihad *)
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To: SmithL

When common sense is not politically correct you know you have a jacked up system.


4 posted on 10/10/2006 1:01:53 PM PDT by L98Fiero (Evil is an exact science)
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To: SmithL

Yeah, and I bet they discriminated against the blind drivers, too!

(/sarc for those so stupid you might think this was serious)


5 posted on 10/10/2006 1:02:19 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: SmithL

I suppose they discriminate against blind drivers too.


6 posted on 10/10/2006 1:02:43 PM PDT by T'wit (It is not possible to "go too far" criticizing liberals. No matter what you say, they're worse.)
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To: SmithL

Are they out of their minds? Driving deaf is a serious safety issue. I am sure their insurer would not allow it. So what will be next? Will the 9th Circuit rule that UPS should be forced to hire blind drivers as well?


7 posted on 10/10/2006 1:02:56 PM PDT by Hoodat ( ETERNITY - Smoking, or Non-smoking?)
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To: TommyDale

You type faster than I :-)


8 posted on 10/10/2006 1:03:40 PM PDT by T'wit (It is not possible to "go too far" criticizing liberals. No matter what you say, they're worse.)
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To: TommyDale

You have a problem with "Navigation by Braille"????


9 posted on 10/10/2006 1:04:41 PM PDT by SmithL (Where are we going? . . . . And why are we in this handbasket????)
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To: SmithL

"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,"
______________________________________________________

Yeah dang it. UPS should spend millions more dollars on equipment, cover casuality/auto insurance costs for hearing impared drivers that WILL raise rates all the while to add some deaf drivers.

UPS should not be able to decide WHO they hire. In fact NO company should decide that. The government knows best how to manage a company, hire productive employees and all companies should listen.

This just in, blind drivers sue for right to enter NASCAR races.


10 posted on 10/10/2006 1:04:43 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Unannounced Visit)
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To: TommyDale
Yeah, and I bet they discriminated against the blind drivers, too!

Not at our bank's drive-up cash machine. It has braille on the buttons.

11 posted on 10/10/2006 1:07:11 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: SmithL

So, who's paying the liability insurance policy premiums? Will they dramatically increase now? If so, who pays for that?

Is UPS held indemnified and held harmless if the deaf driver kills or injures someone?

I think I know the answers....


12 posted on 10/10/2006 1:07:19 PM PDT by azhenfud (an enigma between two parentheses)
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To: the invisib1e hand
Hi. You're deaf, I'm a lawyer, and I'm gonna use you to make me rich.

Hi. You're a deaf UPS driver, and I'm a different lawyer, and I'm going to use you to make me rich, too.

Shame about the dead toddler, tho...

13 posted on 10/10/2006 1:07:30 PM PDT by gridlock (The 'Pubbies will pick up at least TWO seats in the Senate and FOUR seats in the House in 2006)
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To: the invisib1e hand
From the article:

"Each deaf person has to be assessed individually to make a determination, just like a hearing person, as to whether they can safely drive a UPS truck," he added. "That's all we ever asked."

The dispute centered on UPS's custom of denying hearing-impaired workers jobs operating delivery trucks weighing under 10,000 pounds. - end quote

Indeed I have a hearing disability (no two are exactly alike) and mine is helped with a hearing aid -

Flame away at lawyers, etc however IMO if they are making a blanket rule to not even test out a prospective driver - under the Americans with disabilities Act they may well have a valid case of overt corporate discrimination?
14 posted on 10/10/2006 1:07:55 PM PDT by VRWCTexan (History has a long memory - but still repeats itself)
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To: SmithL
"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.

Then why does the DOT require that people holding commercial driver’s licenses need to “hear a forced whisper” at however-many (20?) feet?

They sure used to the last five or so DOT physicals I took.

Maybe they should take a shot at the DOT for denying them the ability to hold a CDL.

15 posted on 10/10/2006 1:08:09 PM PDT by Who dat?
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To: SmithL
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,"

What is and modified driving technique?

And how would it allow a deaf driver to hear an emergency vehicle.

16 posted on 10/10/2006 1:09:24 PM PDT by rocksblues (Liberals will stop at nothing.)
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To: SmithL

Where is sanity?


17 posted on 10/10/2006 1:10:26 PM PDT by PetroniusMaximus
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To: SmithL

What?

(Incidentally, they should also be offended because they're going to get a "hearing".)


18 posted on 10/10/2006 1:10:57 PM PDT by Doohickey (I am not unappeasable. YOU are just too easily appeased.)
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To: VRWCTexan
ohhhpuuuuuleeeeze!

why don't you go try to get a job as a pilot with your hearing loss? because no one would hire you, that's why.

I'd never hire someone who's hearing wasn't very nearly perfect to drive my trucks (if I had any). Far too much liability: you cannot FORCE someone to take on liability. Not in a fair world, at least.

19 posted on 10/10/2006 1:11:03 PM PDT by the invisib1e hand (* nuke * the * jihad *)
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To: Hoodat

Many deaf people drive safely, especially with some accomodations to their disability, as the article mentions.

I'd be more concerned about their ability to communicate effectively with customers.


20 posted on 10/10/2006 1:11:04 PM PDT by -YYZ-
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