Federal Appeals Court Rules That UPS Must Hire Deaf Drivers

[Midnight Mike]

October 17, 2006


SAN FRANCISCO – A federal appeals court has ruled against UPS, saying the company is wrong to automatically prevent the deaf and the hearing-impaired from driving parcel delivery trucks, according to the Associated Press. A court in San Francisco is upholding a lower court ruling that said the company violated anti-discrimination laws by refusing to let those drivers show that they can do the job safely and effectively. UPS said it’s a safety issue, and that it’s not discriminating. In its ruling, the appeals panel said UPS was only able to offer “anecdotal testimony” about drivers avoiding accidents because they heard warning sounds, according to the Associated Press. But the court said the company didn’t show that the accidents couldn’t have been avoided by a deaf driver using different driving techniques or additional mirrors or cameras on the truck.

[RDU-JFK]

Isn't that a safety hazard? I meam, what if they can't hear a car horn? That puts UPS up there for some serious liability hazards.

[Art at ISP]

What do you expect from the San Francisco court? They won't say no to anyone. Next thing you know they will make UPS hire blind pilots.

[Tom_Turner]

Some people still struggle with understanding reality is "not fair" and doesn't always provide for happy outcomes for all.

[JennyPie]

You can look at it either way....but i know that if the UPS guy who comes here was deaf...then i would'nt look foward to seeing him to chat with everyday....and the little scanning thing, he needs to here it beep to make sure that it was delivered...and if you can't here the beep, then you might miss something and start a whole other problem....they could always work in a different department of UPS...but definately not the driving part...it would cause more bad than good...in my opinion...

[cancidas]

seriously now, how can someone who is deaf drive? i've seen deaf agents that worked for us on the ramp, was one of my best workers but that's a little different from driving outside on the open road...

[T-Bird76]

WOW I'm just shocked at the reactions here and very disappointed.... The fact is deaf people can drive and do. If you want to ask someone who is deaf how they drive just ask our own Alex aka ATrude777. They’re are different degrees of what is legally deaf, not all deaf people are 100% deaf.

This article fails to mention a few things, one if the person is 100% deaf, 50%, or 80% deaf. With hearing aids and the ability to read lips hearing impaired people can function just fine. Therefore if this person wasn’t' totally deaf and they could perform the requirements of UPS then they should be granted the job. As a company UPS also has the responsibility under the EEO act to make reasonable modifications in order for this person to work there, again within reason. How do we know UPS simply refused to provide those modifications hence justifying this lawsuit? By the sounds of the last sentence it looks like UPS did refuse.

I've interacted with deaf people before and it’s not uncomfortable at all and they seem to get by just fine. It’s very disappointing to read some of the above responses. The reality is these people can function fine and if UPS was wrong then they should be dealt with.

I’m going to use Alex as an example again, for you information as I’m writing this he is taking a number of Southwest flights with members of their crew to see if he can perform the functions of a crew member while being hearing impaired. By the responses above many of you would think this puts the safety of the passengers in jeopardy or uncomfortable to deal with. I bust Alex’s chops a lot but I applaud both him and Southwest Airlines for taking this leap of faith and seeing what’s possible. I’d rather have someone like him on my flight that has the passion and desire to do the job then a “normal” flight attendant. If they deem him able to do the job then more power to him and kudos to Southwest! I’m just sick and tired of listening to these stereotypical responses, it makes me sick. Its very unfortunate people were either born this way or developed their disability lets not make their life even harder.

[JennyPie]

Since my last post, I’ve spoken to Jeremy, my UPS man, Benny-DHL and Tom my fed-ex babe...and asked them what they thought. Jeremy and Tom said no way. Benny said that a desk job would be better, or loading the trucks. as far as the actual delivering...it is for their own safety, however I 100% agree with you Tom, that they should consider a hearing impaired person and evaluate him as an individual, not as a "oh he's deaf, no" if the person can perform as a (for a lack of a better word) normal guy could then there should be no problem....

But unfortunately discrimination will ALWAYS be there. I was the only girl in my aviation mechanics class for 2 years, and my teacher even told me "I’m not training you to become a mechanic, I’m training you to work for the FAA" meanwhile most of the boys would complain about a little grease on their hands and I’d be drenched in hydraulic fluid and was happy about it, lol. and let me tell you...not trying to blow my head up or anything but when it came to the grades, hands on and off the airplane I was right up there but since I am a girl, people see me as a girl, and that's that. Working behind a desk isn't what I’d like to do but it is a "traditional" job for a female, which SUCKS and is discriminating. It happens to everyone...and it's something that you just help. Unfortunately you can try to fight it but in the end you probably won't win. Unfortunately.

[RDU-JFK]

This isn't discrimination. I assumed that deaf implied complete deafness in this article. I have seen FedEx drivers with a hearing device (in the office yesterday). We're talking about completely deaf here (or at least I was). I'm sure deaf people can drive just fine. But when you are driving in a city or town with constant stop-and-go traffic with frequent stops to deliver packages, double-parking and running in, the hazards are increased. Look at NYC. You see how the UPS trucks are double-parked on streets. If you're trying to maneuver around one and he/she starts to pull out, you honk. And if you're in his blindspot, I see it as a viable, serious concern.

In no way is my opinion discrimination, so don't blame me for my "stereotypical response", as you say.

[JennyPie]

Also true. it comes down to, being 100% deaf and on the road, is a safety hazard to yourself and everyone around you. discrimination or not.
thats my opinion..

[PhilDernerJr]

Like some others said, I think it depends on how deaf a person is. If you flat out can't hear at all....you shouldn't be driving. The ability to hear horns saves lives, bottom line.

If you use a device to assist you and can get through the tasks required of your job without sacrificing safety or your work performance, then I say let them work.

Good Luck Alex!!!

[mirrodie]

I do agree that levels of hearing loss are important to address.

I mean, let's face it, some of these punks drive around with stereos that are ridiculously loud, making them functionally deaf to their suroundings. Yet we don't have laws against them.

[JennyPie]

I do agree that levels of hearing loss are important to address.

I mean, let's face it, some of these punks drive around with stereos that are ridiculously loud

for example....my bf, haha. it's true though....he just had a check up and he has a slight hearing loss, because he listens to his music too loud.

[Alex T]

You can look at it either way....but i know that if the UPS guy who comes here was deaf...then i would'nt look foward to seeing him to chat with everyday....and the little scanning thing, he needs to here it beep to make sure that it was delivered...and if you can't here the beep, then you might miss something and start a whole other problem....they could always work in a different department of UPS...but definately not the driving part...it would cause more bad than good...in my opinion...

Becuase he is deaf. So you judge him on that without getting to know him at all, his personality or even the woman if they are deaf.


seriously now, how can someone who is deaf drive? i've seen deaf agents that worked for us on the ramp, was one of my best workers but that's a little different from driving outside on the open road...

I am deaf and I drive, all the time, everywhere. Sure they need to hear the car horn honk but it isnt an everyday occurane, when u think about it what is an everday occurence you need to know, ok you need to see signs, u need to see the lights, u need to see the cars, and pedestrians, i dont see anything where you have to hear....

Sirens, ya they happen but also the deaf driver has to keep looking in the rearview mirror and be on the look out for them just like I do. and when I see or hear the sirens I pull over like others would do.

As for what Tommy stated I indeed have been flying on a few legs with SWA and mostly one of my friends who is a F/A who graciously offered to have me fly with him and his crew to test out the functions abord the plane to see what i can hear and not hear. Agreed it is a safety hazard, but if we find ways to make it work we will make it work. I flew STL-LAX-LAS-MSY-MDW with the crew, and we had a great time, i over nighted with them too, to get a feel of what a F/A has to go through even off the airport. We covered everything to be done to make sure I could function. They seem quite satisifed with what i can do but their concern is the phone to call the cockpit, if there is a way to by pass it they will consider me for an application. Only time will tell, and I am very gracious to my friend and the crew for taking the time to involve me with their duties so I can get a hands on experience and feel of what it is like and to see if a deaf perosn cna indeed function. Currently there are not any deaf F/A but perhaps I can break the barrier and become the first! Who knows!


If you have any questions about being deaf, as a frequnet flyer, or driver ask away!

PS-
Wanted to add, Deaf Drivers are the safest drivers in the US, safer then hearing people. Why? Becuase we as deaf people are more alert and attentive to our surroundings to replace what we can't hear so we see it first before hearing it. Hearing People on occasion rely on their hearing, and they hear it but its to late.

Alex

[Tom_Turner]

<< UPS requires all its drivers to meet Department of Transportation standards for commercial licenses that include vision and hearing tests. Those requirements apply to vehicles weighing 10,000 pounds or more — but the court ruled UPS should allow deaf and hearing-impaired workers to drive lighter vehicles. >>

http://www.ajc.com/business/content/bus ... izups.html (http://www.ajc.com/business/content/business/stories/2006/10/10/1010bizups.html)

Now, assuming the preceding is correct, it begs the question of how hearing ability as it relates to safety is connected to the weight of the vehicle being driven...

(Not neccesarily that such questions will be definitively answered in further legal maneuvering by either side.. )

[Tom_Turner]

Actually, related to this, didn't UPS lose the case brought against it by the Clinton Admin and EEOC when it tried to dismiss (or not hire?) a driver with monocular (one eye) vision?

[Tom_Turner]

Just checking out the initial case where the UPS issue started.. the initial employee at least was determined to be in a "profoundly deaf" classification (or have "severe" hearing impairment according to the writer.....)

Reading further (but not included in the excerpt below) it seems the lighter vehicles and loads would in the rural ones in UPS' fleet... which is probably good news from a safety perspective if "deaf" drivers are eventually employed, although it is an internal issue for UPS since those are desired routes "bid" upon having to do with seniority & collective bargaining (I think).. The urban routes are apparently the heavier trucks and it is there I would imagine a larger safety issue might key ...

http://fleetowner.com/mag/fleet_deaf_safety_concerns/

<<
By Jim York

Jan 1, 2002 12:00 PM

The Fifth Circuit Court recently ruled on an Americans With Disabilities Act (ADA) discrimination case filed by a part-time UPS warehouse worker who was denied employment as a package car driver. The Court's ruling — in favor of the worker — could have significant implications for employers who set stringent qualification standards or want to extend government safety standards beyond their intended scope.

The employee was severely hearing impaired, i.e., hearing tests rated her “profoundly deaf.” UPS denied her request for a driving job because she could not meet DOT's hearing qualification standards. She sued UPS under the provisions of ADA because she was applying for a position to drive a “non-DOT regulated” vehicle, which means a GVW of less than 10,000 lb., claiming that UPS failed to accommodate her disability. However, UPS requires that all of its drivers meet the more stringent DOT qualification standards. >>