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Blind justice.(Scan)(Brief Article)

The American Enterprise

| June 01, 2005 | Mack-Cozzo, Jane | COPYRIGHT 2005 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

If U.S. District Judge Thelton Henderson's recent ruling is upheld, you should give a wide berth to UPS delivery trucks in the future. Demonstrating that formal education and common sense don't always go hand in hand, Henderson ruled that UPS's policy requiring its drivers to pass a hearing test was un-Constitutional. The reason?

Because it violates the Americans With Disabilities Act, of course. Studies that show the deaf to be more accident-prone are inconclusive, insisted Henderson, and at least some deaf drivers can fully compensate by being more alert to visual cues and using mirrors. This case is an outgrowth of a class-action suit filed in 1999 alleging that UPS hearing tests were discriminatory. UPS paid $10 million to settle accusations that it denied deaf workers interpreters, vibrating pagers, text-message cell phones, and other aids. ...

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