9th Circuit: UPS Can't Refuse to Consider Hearing-Impaired Drivers

[LiberalFighter]

9th Circuit: UPS Can't Refuse to Consider Hearing-Impaired Drivers


At issue was UPS' policy mandating that its drivers pass a government hearing test, even though the test isn't required to operate many of the company's vehicles. UPS argued its exclusion policies were designed with safety in mind. But the court said that a blanket determination of safety can't be made on the basis of disability.
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That reasoning shifted the burden of proof to UPS, which had to prove the driving job mandated the strict government hearing test required by the company.

"UPS didn't show persuasively that hearing-impaired people were more likely to have accidents," Heller Ehrman partner Andrew Livingston said. "And the flip side, it didn't show that there was no way to determine whether or not hearing-impaired drivers present a heightened risk."

Comment
Test shouldn't be required for any of the vehicles period. The only exception would be if assistance is required through verbal directions from another person while outside the vehicle. But even then if the driver is using a hearing-aid it shouldn't matter.

I am severely hearing-impaired and operated a fork-truck at place of employment since 1993. Recently, the company in conjuction with our union was requiring anyone driving vehicles in the plant to start taking annual hearing-test. I was able to convince the company nurse, doctor and management to exempt me from taking that particular test. I argued that I have been hearing-impaired since birth, there has been no major change, and that I regularly get a real hearing-test at my audiologist when getting a new hearing-aid every 3 years. Besides I don't use my hearing-aid while working because it actually makes it more difficult to hear.