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Old 11th October 2006, 03:20 PM   #1
Luke T.
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UPS Must Hire Deaf Drivers. ADA Gone Awry?

I did not know deaf people were allowed to have a driver's license, much less drive delivery vans.

Quote:
The U.S. 9th Circuit Court of Appeals has ruled in a class action case that United Parcel Service Inc.’s safety policy violated the Americans with Disabilities Act by prohibiting deaf employees from driving delivery vans.


UPS said it is evaluating a potential appeal of Tuesday’s ruling and that its safety policy is aimed at protecting the public and its employees. The appeals court, however, also affirmed a trial court’s injunction against UPS’ practice and denied the company’s motion to decertify the class filing the lawsuit.
I first heard about this on NPR this morning and thought I was hearing things. No pun intended.

ETA: Oops. Forgot to add the link.

Last edited by Luke T.; 11th October 2006 at 03:23 PM.
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Old 11th October 2006, 03:21 PM   #2
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What next, blind interior decorators?
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Old 11th October 2006, 03:22 PM   #3
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Originally Posted by Luke T. View Post
I did not know deaf people were allowed to have a driver's license, much less drive delivery vans.

I first heard about this on NPR this morning and thought I was hearing things. No pun intended.
So, do I now need to re-equip my car with a horn augmentation that flashes up a large "beep" sign to ensure my horn is "heard?" It's for the children!

*removes saftety officer hat*

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Old 11th October 2006, 03:23 PM   #4
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Why wouldn't deaf people be allowed driver's licenses? I had a deaf teacher in college who had a driver's license. Not being able to hear is not an impediment to driving.
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Old 11th October 2006, 03:25 PM   #5
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Originally Posted by Lisa Simpson View Post
Why wouldn't deaf people be allowed driver's licenses? I had a deaf teacher in college who had a driver's license. Not being able to hear is not an impediment to driving.
As cell phone users prove time and time again...
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Old 11th October 2006, 03:27 PM   #6
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If not being able to hear is not an impediment to driving, what is the purpose of a car horn, or police siren, or railroad crossing alarm bells?
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Old 11th October 2006, 03:28 PM   #7
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Originally Posted by Lisa Simpson View Post
Why wouldn't deaf people be allowed driver's licenses? I had a deaf teacher in college who had a driver's license. Not being able to hear is not an impediment to driving.
You can't hear other drivers horns? Can't hear police/ambulance sirens? Can't hear the screams as you reverse over someones foot?

Obviously hearing is not as essential as sight, but I would have thought it was fairly important when driving...
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Old 11th October 2006, 03:29 PM   #8
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Accident risk of deaf drivers, bioptic lens wearers, and physically handicapped drivers. R&D has conducted statistical studies of the above populations. Two studies of deaf drivers, published in 1963 and 1964 (Research Report Nos. 15 and 16), provided evidence that, under certain conditions, totally deaf drivers represented higher-than-average accident risks. These studies, which constitute the only known empirical evidence on the role of deafness in driving, have been used several times by the Federal Bureau of Motor Carrier Safety to successfully rebut legal challenges to its policy of not allowing deaf persons to drive commercial vehicles in interstate commerce.
http://www.dmv.ca.gov/about/profile/rd/rde2.htm
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Old 11th October 2006, 03:30 PM   #9
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Originally Posted by Luke T. View Post
As cell phone users prove time and time again...
The danger from cellphones is holding them in your hand, not listening. Otherwise car radios, CD players and passengers would also be illegal.

ETA: anyway, if a deaf delivery driver doesn't hear a horn and reverses into another car, the lawsuit will soon fix this turnaround.
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Old 11th October 2006, 03:31 PM   #10
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Originally Posted by Luke T. View Post
Drivers with their 900 watt stereos going full blast are functionally deaf, for traffic safety purposes . . . so why not let a guy get a paycheck?

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Old 11th October 2006, 03:32 PM   #11
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Originally Posted by Luke T. View Post
If not being able to hear is not an impediment to driving, what is the purpose of a car horn, or police siren, or railroad crossing alarm bells?
Police cars and railroad crossing have lights, too.
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Old 11th October 2006, 03:33 PM   #12
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Originally Posted by Luke T. View Post
As cell phone users prove time and time again...
The problem with talking on the cell phone is not the listening, it's the paying attention to the conversation, not the road. Did you ever see the Mythbusters where they tested this? The drivers were just as bad talking on a hands-free set as they were talking with the handset.
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Old 11th October 2006, 03:38 PM   #13
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Eight studies have examined the accident rate of hearing-impaired drivers in comparison with a control group. Studies evaluating the traffic accident patterns of a group of hearing impaired drivers and a control group of drivers with normal hearing (Table 2-5 on p. 44) have observed increased (Coppin 1964, Cook 1974), decreased (Wagner 1962, Finesilver 1962b,Ysander 1966, Roydhouse 1967, Schein 1968). and similar (Wolf, unpublished observations) occurrences of collisions among drivers with hearing loss. Almost all of the reports, though, are hampered by poor-study designs. The majority failed to adjust their results by the influence of age, sex, mileage driven, and area of residence. The most comprehensive and best-designed study in the literature was that conducted by Coppin and Peck (1964). In their report, deaf and non-deaf drivers were matched on age, sex, occupation, mileage driven, and area of residence. The accident ram for deaf men was 80% higher than that for non-deaf men. No difference was
seen between the women in the two groups.
www.fmcsa.dot.gov/documents/hearing2.pdf
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Old 11th October 2006, 03:39 PM   #14
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Originally Posted by Lisa Simpson View Post
Police cars and railroad crossing have lights, too.
So there is no need for sirens and bells and horns?
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Old 11th October 2006, 03:42 PM   #15
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Quote:
Statistics show that deaf drivers have better accident records than the general public.
That's it. That's all this Answer Bag character says.

http://www.answerbag.com/q_view.php/77471
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Old 11th October 2006, 03:44 PM   #16
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Originally Posted by Luke T. View Post
So there is no need for sirens and bells and horns?
No, but not being able to hear them shouldn't be a reason to deny someone a license since those things are also equipped with lights. If hearing the sirens is sooooooooo important, let's outlaw radios, cellphone, conversation and screaming kids from cars as well.
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Old 11th October 2006, 03:48 PM   #17
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Originally Posted by Lisa Simpson View Post
No, but not being able to hear them shouldn't be a reason to deny someone a license since those things are also equipped with lights. If hearing the sirens is sooooooooo important, let's outlaw radios, cellphone, conversation and screaming kids from cars as well.
I think all of those things impair your driving.

And cellphones are outlawed while driving where I live.

I don't know if I'm for or against deaf drivers. If the best study they have on hand is from 1964 (!!!), I'd say it is time for a new study. Driving conditions are far, far different now than they were in 1964.
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Old 11th October 2006, 03:49 PM   #18
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Cellphones are outlawed? Or only handset cellphone use?
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Old 11th October 2006, 03:52 PM   #19
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Originally Posted by Lisa Simpson View Post
The problem with talking on the cell phone is not the listening, it's the paying attention to the conversation, not the road. Did you ever see the Mythbusters where they tested this? The drivers were just as bad talking on a hands-free set as they were talking with the handset.
Exactly. I believe I read somewhere, though I don't have a citation, that it's the act of conversing is with someone who isn't there that requires the most concentration. Though having a serious conversation with a passenger can be quite distracting as well.
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Old 11th October 2006, 03:54 PM   #20
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If I remember correctly when I got my license in NH the only additional thing a deaf person required was that their car must have sideview mirrors on both sides of the car. Not that I'm deaf just that I remember reading it while studying for the test.
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Old 11th October 2006, 03:56 PM   #21
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Originally Posted by Luke T. View Post
So there is no need for sirens and bells and horns?
Of course there is silly!

They are needed for when the blind sue for the right to drive for UPS.

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Old 11th October 2006, 04:00 PM   #22
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I don't believe this is ADA gone awry. However, for ADA gone awry, the CA DMV was forced to give a legally blind man a driver's license after he had already hit a pedestrian. He had some eye disease which caused him to lose peripheral vision. A pedestrian stepped off the curb and he couldn't see. His license was taken away, but he sued, and under the ADA, he had to be given back his driver's license.
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Old 11th October 2006, 04:20 PM   #23
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I seem to recall a prominent deaf composer in Germany about 200 years ago.

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Old 11th October 2006, 04:23 PM   #24
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If the deaf shouldn't drive, neither should the colorblind. How can they tell what the traffic signal says?
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Old 11th October 2006, 04:28 PM   #25
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Yeah, and what about left-handed persons? They can't even reach the gear shift without playing Twister. Freaks.

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Old 11th October 2006, 04:30 PM   #26
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Originally Posted by AmateurScientist View Post
Yeah, and what about left-handed persons? They can't even reach the gear shift without playing Twister. Freaks.

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What's freakish is that you referred to the left-handed as "persons". Clearly they are monsters.
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Old 11th October 2006, 04:33 PM   #27
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Originally Posted by TragicMonkey View Post
What's freakish is that you referred to the left-handed as "persons". Clearly they are monsters.
Yes, and I guess that makes me a freak too. I'm so ashamed. Well, at least I'm not left-handed.

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Old 11th October 2006, 04:55 PM   #28
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Originally Posted by AmateurScientist View Post
I seem to recall a prominent deaf composer in Germany about 200 years ago.

AS
But was he allowed to drive?

Gotta ask the tough questions.
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Old 11th October 2006, 05:05 PM   #29
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Originally Posted by AmateurScientist View Post
I seem to recall a prominent deaf composer in Germany about 200 years ago.

AS
But did he compose while driving?

I hear he is de-composing now.
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Old 11th October 2006, 05:06 PM   #30
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Originally Posted by TragicMonkey View Post
If the deaf shouldn't drive, neither should the colorblind. How can they tell what the traffic signal says?
And how can a deaf person hear talking traffic signals?
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Old 11th October 2006, 05:07 PM   #31
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Originally Posted by Lisa Simpson View Post
I don't believe this is ADA gone awry. However, for ADA gone awry, the CA DMV was forced to give a legally blind man a driver's license after he had already hit a pedestrian. He had some eye disease which caused him to lose peripheral vision. A pedestrian stepped off the curb and he couldn't see. His license was taken away, but he sued, and under the ADA, he had to be given back his driver's license.
So THAT's the guy they put Braille on drive-thru ATMs for!
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Old 11th October 2006, 05:09 PM   #32
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Originally Posted by Lisa Simpson View Post
Cellphones are outlawed? Or only handset cellphone use?
I believe only handset cellphone use. I have not looked into it.
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Old 11th October 2006, 05:19 PM   #33
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There are a lot of deaf folks in my family (my grandparents and many of their siblings were deaf). Some of them didn't drive at all. Those that did drive were good drivers.

One of my great-uncles was a deaf draftsman. He was a very good one. He got his position and training through a series of unpleasant events, namely, World War II. Because of the war, able-bodied men were called overseas, and my great uncle received the opportunity to develop a valuable skill for a manufacturer. He was so good at what he did, he continued in this position after the war and until his retirement. Yeah, he was deaf, but he was a good employee.

My father spent much of his life helping deaf people find jobs, including jobs in which driving was part of the occupation. In pre-ADA days, he had to deal with a lot of prejudice. To some people, it didn't matter whether the candidate was smart, skilled or a good worker. If he was deaf, he was "unqualified." This wasn't fair, and one function of the ADA was to urge employers to base decisions upon ability, not upon prejudice.
Originally Posted by Luke T. View Post
I don't know if I'm for or against deaf drivers. If the best study they have on hand is from 1964 (!!!), I'd say it is time for a new study. Driving conditions are far, far different now than they were in 1964.
Luke T. is right to say that driving conditions are far, far different now from what they were in 1964. They are, in general, far better for deaf people. Visual cues associated with hazards have been greatly improved. In addition, cars are easier to handle, with automatic transmissions and power controls now being widely available.

As for the effect of the ADA on the particular matter in question, I have not read the court's decision and have no firm opinion. Based upon the news report, however, it seems to be that the UPS policy was to hold all deaf drivers as automatically "unqualified," even if they could prove that they were good drivers. The article suggests that the issue may have revolved around who has the burden of proof.
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Old 12th October 2006, 02:32 AM   #34
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Originally Posted by AmateurScientist View Post
Yeah, and what about left-handed persons? They can't even reach the gear shift without playing Twister. Freaks.

AS
I always change gears with my left hand, and I'm right handed.
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Old 12th October 2006, 02:39 AM   #35
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Originally Posted by Brown View Post
There are a lot of deaf folks in my family (my grandparents and many of their siblings were deaf). Some of them didn't drive at all. Those that did drive were good drivers.
I have deaf siblings and in-laws. Those that can drive have to pass a special test. Many of them aren't allowed to drive because they also have vision problems. (Usher's Syndrome is a bastard). My deaf brother in law actually ran over killed an old lady. He watched in horror as he drove at the speed limit, down a suburban street, and an old lady walked straight out in front of him.
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Old 12th October 2006, 02:53 AM   #36
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Originally Posted by a_unique_person View Post
I always change gears with my left hand, and I'm right handed.
As do all normal people....


Can't see any reason a deaf person shouldn't be allowed to drive. Do wonder in the UK how a profoundly deaf person could take a driving test -anyone know?

Ah the power of the internet - here I go answering my own question: http://www.rnid.org.uk/information_r...ing_people.htm

Quote:
...snip...
You will take the same driving test as everyone else, but you should let the DSA know that you are deaf when you book the test. This allows the DSA to give you extra time so you can explain to the examiner about your communication needs and agree signals – for example for turning left or right or the three-point turn – that you will be able to understand during the driving test.

You are allowed to take an interpreter with you for the practical test. They must not be a driving instructor and they must be at least 16 years old.

...snip...
In this instance I would say UPS is unfairly discriminating if they have a blanket "no deaf people".
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Last edited by Darat; 12th October 2006 at 02:56 AM.
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Old 12th October 2006, 04:20 AM   #37
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Originally Posted by Darat View Post
As do all normal people....
But you have to drive on the wrong side of the road and have backwards, mirrored cars to do it! Freaks!

And Aussies like AUP do it upside down too! Through the looking glass indeed.

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Old 12th October 2006, 05:52 AM   #38
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Originally Posted by Lisa Simpson View Post
No, but not being able to hear them shouldn't be a reason to deny someone a license since those things are also equipped with lights. If hearing the sirens is sooooooooo important, let's outlaw radios, cellphone, conversation and screaming kids from cars as well.
In NY, having the lights on in an emergency vehical is not enough to violate traffic laws, you have to have the siren on when say going through red lights.
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Old 12th October 2006, 06:06 AM   #39
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Originally Posted by a_unique_person View Post
My deaf brother in law actually ran over killed an old lady. He watched in horror as he drove at the speed limit, down a suburban street, and an old lady walked straight out in front of him.
But do you think that had anything to do with him being deaf? Or could the same thing have happened to a hearing driver?
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Old 12th October 2006, 06:08 AM   #40
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This is not the first time the UPS has been sued by deaf workers:

http://www.raggededgemagazine.com/drn/07_03.shtml#580

Other ADA-related class action lawsuits against UPS:

http://www.inclusiondaily.com/archiv...91004paups.htm
http://www.raggededgemagazine.com/drn/08_04.html#760
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