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. /snip/ 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.
UPS's Attorney is going to say, "So What", the horn is intended to warn people that the driver is in trouble, the Horn does NOT relieve the driver of his DUTY to avoid an Accident. Thus the fact that the Driver hit a UPS truck with a deaf driver will NOT relieve the driver of the car of FULL RESPONSIBILITY for the accident.
I also do NOT see a Judge or Jury finding that the failure to hear a horn makes UPS or the UPS Driver liable for the accident.
I thought they had to have passenger-side mirrors. I must have been mistaken.
FWIW I have a lazy eye, and always equip vehicles with passenger-side mirrors and extra large rear-view mirrors. The three-panel Wink mirror clips onto a standard one, so there is no drilling involved.
13. Those that know their limitations should make proper adaptations
Passenger-side mirrors I thought were standard for all vehicles. If not, 99% or more probably have them.
I've wanted to find different mirrors for my car but never could find anything near what I wanted. The ones that came with car do not adjust to location I want. Rear-view mirrors work fine for me. They apparently don't for about 40% of drivers. Those 40% or so always change back to right lane before they should. They don't know they should wait until they see passed vehicle in their rear-view mirror.
7. Deaf people are also less distracted, so it balances out.
I know many Deaf people and they are all excellent drivers. And growing up communicating visually seems to help them develop AMAZING peripheral vision and spatial memory. Go into a windowless building, walk up a few flights of stairs, go down several curvy halls with a Deaf person, and they will know which direction you're facing w/o any problem.
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