DOT physical - lawsuit? & why are employers ignorant

I've accepted an offer for a dream job: union, great pay, and excellent benefits. I'm starting very soon but preparing for a battle that seems inevitable. I use a CPAP machine but don't have that as a restriction on my DOT physical because my AHI was only 6 (mild). I have found that 99% of employers and shockingly most certified Medical Examiners are totally ignorant of this detail.

I also recently got hearing aids but passed the whisper test without them. In addition I have hearing tests that show less than 40db loss at 500Hz, 1000Hz, and 2000Hz. On the DOT physical paperwork it asks if you have "hearing problems" or a "sleep disorder". I didn't disclose anything because I don't see it as a problem if I passed without restrictions.

For example if your vision is 20/30 without glasses but you wear them anyways for the added benefit. This won't be a restriction on your CDL because it's better than 20/40 and you by definition don't have an "eye problem". But I am anticipating as soon as the employer sees my hearing aids he is going to start questioning my fitness for driving. Has anyone gone through this and how do you prepare for battle? If I show them the FMCSA fine print I have a feeling it is going to bruise their ego and make them even more rigid. That's why I haven't even brought it up. Again, even most Medical Examiners are ignorant of the finer details and don't appreciate being corrected.

 

Just to clarify, I have already had the interviews and have been hired. I only got the hearing aids a few weeks ago. I want to wear them during the orientation because that is when they help me the most: hearing the frequency range of voices at a distance in the classroom. They make an amazing difference if anyone else is considering getting them.

The conflict is that it is always better in my opinion to not have a restriction on your license. And right now I still clearly qualify as passing the whisper test and less than 40db loss. It's kind of hard to explain but anyone going through the same situation knows exactly what I'm talking about.

Something very similar is CPAP. Let's say you score 7 AHI on a sleep study. Anything over 5 and you can get a CPAP machine with most insurance. But this is considered mild and BELOW the disqualifying level set by FMCSA of moderate to severe. So you can use a CPAP machine to help you sleep but you are not restricted or required to use it and submit the compliance reports. So it is another restriction kept off your CDL.

 

I've already been hired. The problem is if they fire me in any way related to the hearing aids, which again are not required by FMCSA but just an option I choose. A firing in that circumstance would seem to be a clear violation of ADA. A company cannot fire you for just any reason, e.g. skin color, religion, or disability (not affecting job performance).