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 1-20 ... 61-8081-100101-120121-138 next last
To: freespirited

Well, based on the last several shipments of mine that they have messed up, I would think that perhaps UPS has several visually handicapped personnel in the sorting area.


81 posted on 10/10/2006 3:09:47 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
[ Post Reply | Private Reply | To 77 | View Replies]

To: SmithL; All

my mother was hard of hearing. but I still don't think it would have been wise for her to drive a UPS truck. this is the end of the matter for me. HELLO!


82 posted on 10/10/2006 3:12:06 PM PDT by the invisib1e hand (* nuke * the * jihad *)
[ Post Reply | Private Reply | To 1 | View Replies]

To: freespirited
Next thing we know, these famous brothers will be suing the Air Force to become pilots!

Photobucket - Video and Image Hosting

83 posted on 10/10/2006 3:13:24 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
[ Post Reply | Private Reply | To 77 | View Replies]

To: GaltMeister; TommyDale; Cobra64; Kaylee Frye
"Not at our bank's drive-up cash machine. It has braille on the buttons.

ATM machines are manufactured 'one size fits all' - that machine might end up in a lobby, hospital, convinience store, or built into the wall for drive-up use."

They are useful if you have a blind passenger.

84 posted on 10/10/2006 3:20:22 PM PDT by 1forall (America - my home, my land, my country.)
[ Post Reply | Private Reply | To 56 | View Replies]

To: SmithL
This is legal tyranny by the evil 9th Circus, the worst court in the USA.

Can you imagine the vast money the very same crooked trial lawyers will make suing UPS (a WONDERFUL company) for accidents caused by deaf drivers who cannot hear vehicle horns or childrens' screams?

Hey, blind drivers are also discriminated against!


85 posted on 10/10/2006 3:27:29 PM PDT by FormerACLUmember
[ 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.?"


AND we have a winner! You just won the Non-sequetor award of the day.

Please note that Jim Rob didn't ask the government for anything, other than to keep its cotton pickin hands off the Internet.

The lawyers and 'activists' in the ADA crowd would have sued everyone and every company if they could. With teh ADA, they can. And given time, they will sue (or intimidate) all of us.

It is time for us to recognize the wisdom of the men who wrote the Constitution. They knew G*d didn't create all men equal. As proof of that, I give you any Olympic sprint Gold Medal winner versus Jim Rob, Helen Thomas versus any bright model, etc.

Even less did the Founders imagine man would become so arrogant as to assume that a mere law could outlaw extinction or control climate. Washington, DC needs to have its meds adjusted, STAT.

It's not about abilities, for we all have more ability than we will actualize. What it IS about is using our abilities. Again, Jim Rob is my case in point.


86 posted on 10/10/2006 3:27:46 PM PDT by GladesGuru (In a society predicated upon Liberty, it is essential to examine principles, - -)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Lekker 1
Huh???
Say What???
87 posted on 10/10/2006 3:28:52 PM PDT by vox_freedom (Matthew 5:37 But let your speech be yea, yea: no, no)
[ Post Reply | Private Reply | To 51 | View Replies]

To: mrsmith

88 posted on 10/10/2006 3:31:50 PM PDT by vox_freedom (Matthew 5:37 But let your speech be yea, yea: no, no)
[ Post Reply | Private Reply | To 76 | View Replies]

To: 1forall

Shouldn't the braille portion be on the passenger side?


89 posted on 10/10/2006 3:32:12 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
[ Post Reply | Private Reply | To 84 | View Replies]

To: TommyDale

Your passenger will sit behind the drivers' seat.


90 posted on 10/10/2006 5:34:18 PM PDT by 1forall (America - my home, my land, my country.)
[ Post Reply | Private Reply | To 89 | View Replies]

To: SmithL

Just wait - some deaf guy will back over someone or something and then the same idiotic lawyer will sue them again for negligence.


91 posted on 10/10/2006 10:27:07 PM PDT by DennisR (Look around - God is giving you countless observable clues of His existence!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GaltMeister
What Are The Other Requirements For A CDL?

Who cares? These folks just wan't to drive the little brown vans. They don't need a CDL for that.

92 posted on 10/11/2006 1:07:01 AM PDT by Sandy
[ Post Reply | Private Reply | To 48 | View Replies]

To: TommyDale

There's no way they discriminate against the blind. Have you ever watched the way those brown trucks are driven?


93 posted on 10/11/2006 1:17:11 AM PDT by Fresh Wind (Democrats are guilty of whatever they scream the loudest about.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SmithL

The 9th Circus is nothing more than a filthy rest stop on the highway to the Supreme Court - - you pull in, do your business, wash up real good, try not to make eye contact with anybody, and get out of there as fast as you can.


94 posted on 10/11/2006 1:39:46 AM PDT by Lancey Howard
[ Post Reply | Private Reply | To 2 | View Replies]

To: wallcrawlr; dmw; merry10; All
For everyone to know, I am deaf myself and there's basically no evidence that deaf drivers are any less capable than hearing drivers.

If I am wrong, I will like to see documentation that deaf drivers are indeed a threat.

95 posted on 10/11/2006 1:47:00 AM PDT by MinorityRepublican (Everyone that doesn't like what America and President Bush has done for Iraq can all go to HELL)
[ Post Reply | Private Reply | To 1 | View Replies]

To: -YYZ-; All
You are correct in that case. The last time I checked, everyone have to use their eyes to drive, whether hearing or deaf.

Regarding the deaf individual's ability to communicate, it is really case by case basis. There are many Deaf people who are currently using hearing aids and cochlear implants to communicate with their customers.

Rush Limbaugh comes up in my mind, no matter how much he is able to use cochlear implant, he is Deaf without using it.

So if FReepers are making fun of Deaf people on this forum, or accusing them of not having an ability to do a mundane thing such as driving, that is quite childish to do so.

Odd enough, at the same time I do doubt that the same FReepers would forbid Rush Limbaugh from driving to his job at the radio station.

96 posted on 10/11/2006 1:54:23 AM PDT by MinorityRepublican (Everyone that doesn't like what America and President Bush has done for Iraq can all go to HELL)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Andonius_99
Deafness is not an impediment to good driving. You have to compensate by looking ahead and behind you and judging the flow of traffic. When backing out of a parking space, I honk my horn since I can't hear the traffic behind me and I warn other drivers I'm about to leave. You can't judge someone solely by their disability. UPS has to evaluate deaf drivers on the same basis they would evaluate hearing drivers in deciding on fitness for the job. As a deaf person, I don't ask for special treatment; just to be treated like every one else.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

97 posted on 10/11/2006 2:06:31 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 61 | View Replies]

To: AngrySpud
You'd think so, but it's not true. I grew up with deaf parents, uncles, cousins, and assorted family friends. On average, they're safer drivers. I suppose their other senses are more acute

There's a popular myth that the loss of one sense makes the others more acute, but research doesn't support it. There's a good reason for that perception, though -- someone with four senses instead of five has less divided attention. A deaf driver isn't distracted by a blaring stereo (his or anyone else's), a ringing cell phone or a yakking passenger.

Deaf people don't see better, but they watch better -- just like blind people don't hear better, but they listen better.

98 posted on 10/11/2006 2:17:56 AM PDT by ReignOfError
[ Post Reply | Private Reply | To 57 | View Replies]

To: goldstategop
"As a deaf person, I don't ask for special treatment; just to be treated like every one else."

Thanks for saying that. I too am deaf and that's all I ask for too. What you said in your post is very intelligent, unlike some of the ignorant comments made by fellow FReepers. It always amazes me how ignorant some people can be. Thanks for sharing and educating the "ignorant ones" among us.

99 posted on 10/11/2006 4:05:20 AM PDT by dmw (Aren't you glad you use common sense, don't you wish everybody did?)
[ Post Reply | Private Reply | To 97 | View Replies]

To: SmithL

If the state is willing to issue the driver a license, how can UPS have a cow?


100 posted on 10/11/2006 4:09:08 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-138 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