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Originally Posted by JoeB2
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Nothing in those examples was even close to blind taxi drivers.
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The hard part is what qualifies as "irrational and arbitrary?" Who gets to decide? I'd think it obvious that discriminating against a firefighters who can only see out of one eye is rational, but apparently not.
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The courts, just as the courts decide every other discrimination case.
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You don't seem to like the hairy ears example. Is discrimination based on an extremely large nose ok (a coworker had this problem)? Would your answer change if it was for a receptionist position at a plastic surgery company? Similar question for an obese receptionist.
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I made my position clear: if a feature interferes with a person's ability to do the job, then it isn't discriminatory.
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It's not obvious to me that anyone other than the company in question can best decide what will make a worker more productive.
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Isn't it? For over a century, companies argued that blacks were inferior workers to whites; for nearly the entirety of the industrialized age, they argued that women were inferior workers to men, and were only fit for menial jobs. Were the companies, then, correct? After all, the company knows best, and you "can't legislate stupidity"...
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On edit, I should add that I've learned the hard way over the years to be suspicious about free market/libertarian/conservative articles and commentators that argue by ridicule and finding extreme examples to make a point. For example, the infamous McDonald's spilled coffee lawsuit that was all over the radio shows for months turned out to be a
way different case than the way it played out in the media. So I took a look at some of the suits in your Reason link. Here's what I found:
The UPS one-eyed suit was
won by UPS on appeal. Here is an excerpt from the decision:
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“We do not suggest that any vision protocol would pass muster. But because the UPS Vision Protocol rests on objective and statistical evidence that monocular drivers are involved in somewhat more accidents than binocular drivers, because the risk of harm to others is high, because the UPS standard does not categorically exclude monocular individuals from working as full-time package car drivers, and because the application of the Protocol is individualized to each employee or applicant, we are persuaded that UPS must prevail on its safety-of-others defense.”
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The company was able to prove one-eyed drivers were more dangerous that fully-sighted drivers,
and they won their case. Gasp! The system worked! Imagine that.
The Omaha police suit also becomes interesting -- when you don't, sheeplike, believe the bleatings of something like Reason magazine, and instead
look at the case yourself.
It turns out that the person bringing the suit had been a police officer, one eye and all, for
nine years, and had performed normally, including maintaining qualifications on the firing range. Contrary to the claim of the Reason article, he wasn't "losing peripheral vision" in his one good eye. In other words, the author made some stuff up and slopped it in to make the story sound more ridiculous, but he knew what he was doing -- he knew he was writing to a "credible," shall, we say, audience, an audience that just loves reading about how dumb the gov'ment is, how stupid the court system is, so they won't bother to check his distorted claims. If the ADA had a section covering gullible suckers who lap up hype, I know a whole lot of people who could sue publications like Reason and make millions.