Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-138 next last
To: SmithL

Yes! And the nerve of UPS. They also discriminate against BLIND drivers. How dare they.


21 posted on 10/10/2006 1:11:15 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
[ Post Reply | Private Reply | To 1 | View Replies]

To: T'wit

You'll get arrested for Driving While Blind. (Cue the ZZ Top)


22 posted on 10/10/2006 1:12:09 PM PDT by dfwgator
[ Post Reply | Private Reply | To 6 | View Replies]

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

please, can we reason above the jr high level?

Being physically capable of operating a vehicle doesn't qualify one to be a professional operator, any more than being able to swing a bat qualifies one for a profession in baseball.

23 posted on 10/10/2006 1:13:18 PM PDT by the invisib1e hand (* nuke * the * jihad *)
[ Post Reply | Private Reply | To 20 | View Replies]

To: the invisib1e hand

No case like this should be allowed unless the plantiffs use deaf counsel, and no judge should be allowed to rule unless he is also deaf.


24 posted on 10/10/2006 1:13:28 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
[ Post Reply | Private Reply | To 3 | View Replies]

To: SmithL

Horn? I didn't hear no horn...........


25 posted on 10/10/2006 1:15:18 PM PDT by AxelPaulsenJr (Keep your friends close and your enemies closer.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Ghost of FReepers Past
"no judge should be allowed to rule unless he is also deaf."

The Ninth Circus has selective hearing loss...

26 posted on 10/10/2006 1:16:36 PM PDT by traditional1
[ Post Reply | Private Reply | To 24 | View Replies]

To: SmithL
Didn't you hear those police sirens?

Didn't you hear those fire engine sirens.

Didn't you hear her screaming not to backup.

Didn't you hear them blowing the horn? etc.

27 posted on 10/10/2006 1:16:52 PM PDT by Capt. Tom (Don't confuse the Bushies with the dumb Republicans - Capt. Tom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Next up, man with no arms sues the US Olympic committee for not letting him compete in the clean and jerk weightlifting event.


28 posted on 10/10/2006 1:17:26 PM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCTexan
I don't think UPS is ignoring the distinction between hearing impaired and deaf.

More to the point is what is the opinion of the insurance underwriter and what exactly do actuarial tables show with respect to deaf vs. hearing impaired vs. hearing impaired w/assistance vs. no hearing impairment. The court has no responsibility to an under-capitalized business, eh?
29 posted on 10/10/2006 1:19:38 PM PDT by Ouderkirk (Don't you think it's interesting how death and destruction seems to happen wherever Muslims gather?)
[ Post Reply | Private Reply | To 14 | View Replies]

To: the invisib1e hand

I would except for the tiny fact that I make considerably more income than the best paid pilots - based on my brain, education and 37 years of industry knowledge....

Frankly IMO all these ill-informed and sarcastic posts on this thread fully demonstrate a high level of ignorance with respect to peoples abilities -- that also happen to have varying degrees of so called handicaps –

Last time I checked Jim Rob that founded this board was doing a pretty good job from his wheel-chair.?


30 posted on 10/10/2006 1:20:22 PM PDT by VRWCTexan (History has a long memory - but still repeats itself)
[ Post Reply | Private Reply | To 19 | View Replies]

To: SmithL

ADA - Full Lawyer Employment Act.

Worst law EVER.


31 posted on 10/10/2006 1:21:00 PM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 1 | View Replies]

To: rocksblues

A "modified" driving technique would be to force UPS to hire a person qualified to sign to the driver. Before you think I'm kidding, a "hearing impaired" drafter sued a company I worked for to hire a translator to sit next to him and sign verbal instructions from the engineer.


32 posted on 10/10/2006 1:21:54 PM PDT by jonascord ("Let 'em burn!...")
[ Post Reply | Private Reply | To 16 | View Replies]

To: SmithL

The blind stand in line at UPS' personnel office door today.


33 posted on 10/10/2006 1:23:09 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: the invisib1e hand

Many deaf people drive safely, especially with some accomodations to their disability, as the article mentions...
please, can we reason above the jr high level?

Being physically capable of operating a vehicle doesn't qualify one to be a professional operator, any more than being able to swing a bat qualifies one for a profession in baseball.

_____________________________________________


Ouch, bet he didn't see or hear that one comming. ROFL


34 posted on 10/10/2006 1:23:52 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Unannounced Visit)
[ Post Reply | Private Reply | To 23 | View Replies]

To: SJSAMPLE
Deaf people make excellent drivers. They aren't distracted by Nuisances such as Fire Engine Sirens.
35 posted on 10/10/2006 1:25:00 PM PDT by massgopguy ((I owe everything to George Bailey))
[ Post Reply | Private Reply | To 31 | View Replies]

To: VRWCTexan
Last time I checked Jim Rob that founded this board was doing a pretty good job from his wheel-chair.?

Yeah, but did he SUE someone to let him?
36 posted on 10/10/2006 1:27:09 PM PDT by beezdotcom
[ Post Reply | Private Reply | To 30 | View Replies]

To: massgopguy

Or screaming passengers.


37 posted on 10/10/2006 1:27:27 PM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 35 | View Replies]

To: jimrob

Following the "ping someone if mentioned" rule...


38 posted on 10/10/2006 1:28:01 PM PDT by beezdotcom
[ Post Reply | Private Reply | To 36 | View Replies]

To: LasVegasMac

Big Brown Truck Ping...


39 posted on 10/10/2006 1:29:22 PM PDT by tubebender (Growing old is mandatory...Growing up is optional)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCTexan

Last time I checked Jim Rob that founded this board was doing a pretty good job from his wheel-chair.?
____________________________________________________

IS he applying for a job delivering packages? What a silly comment trying to apply the two from a logical point.


40 posted on 10/10/2006 1:30:45 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Unannounced Visit)
[ Post Reply | Private Reply | To 30 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-138 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson