Denied by FMSCA (lazy eye), suggested to look into state driving (NY) Where to go from here?

Discussion in 'Questions From New Drivers' started by Cdbrant1, Jul 24, 2017.

  1. Chinatown

    Chinatown Road Train Member

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    That's true. I went to high school with a guy that had it in both eyes. His father had it in both eyes and 6 or 7 brothers and sisters had it in both eyes. The youngest child didn't have it at all. The one that was my friend got tired of being teased and when he graduated from high school, he simply moved from Tennessee to San Francisco Chinatown and lived the rest of his life there and no one even noticed him. He was a nice guy, just didn't have the money for surgery.
    I think he worked in a Mayflower warehouse in San Francisco, but not sure now; it's been a long time.
     
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  3. scythe08

    scythe08 Road Train Member

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    So you care nothing for the profession? It's just a way to make quick money to you...
     
  4. TaterWagon#62

    TaterWagon#62 Medium Load Member

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    https://www.google.com/search?q=ny lawyer ada employment discrimination

    Take a look at the search return and give one of the many law practices that specialize in Americans with Disabilities Act and discrimination law a call.

    Explain your situation and see what they have to say. This is their daily work and the phone call won't cost you anything.

    When I was trying to solve a legal issue I called one law firm which directed me to another they thought had more expertise which then directed me to another. But after an afternoon on the phone I had an expert in the area of the law I needed and it hadn't cost anything but time. That lawyer sat down with me and helped me get a plan together and then I paid a retainer for their services to solve my issue.

    The point being, they will talk to you for free and they will give you the information you are looking for. Then you pay them to help you with this if that makes sense to do.

    I suspect that you are not the first person in this situation and that the answers are known. You just need to find an expert. Make some calls.
     
    fargonaz Thanks this.
  5. fargonaz

    fargonaz Road Train Member

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    Do you operate a car?
     
  6. RedRover

    RedRover Road Train Member

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    Lazy eye? That's nothing. 99.999% of drivers today have a lazy ###.
     
    91B20H8 and Chinatown Thank this.
  7. Ridgeline

    Ridgeline Road Train Member

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    no offense but this is why we have so many problems with drivers now, they think this is a quick way to make a buck.

    No suggestions to help you sorry.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    What's the ADA going to do, the problem is that the requirements for qualifications to drive are clear, they are not going to be changed for this one individual nor can an examiner be forced to overlook the issue because of a lawsuit, they are immune from it.

    On top of that, the ADA purpose wasn't to allow anyone to just sidestep requirements in a regulated industry, it was created to help disable people gain an equal footing in the general work place. the ADA has the same exemption in the laws on these issues pertaining to the DOT regulations, if it didn't then we would have more blind people driving trucks.
     
  9. fargonaz

    fargonaz Road Train Member

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  10. BoostedTeg

    BoostedTeg Road Train Member

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    Find a different doctor I have a lazy eye and have been driving for 8 years now.
     
  11. TaterWagon#62

    TaterWagon#62 Medium Load Member

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    My friend, stop for a second and think about what we know from this thread: 1) He has fully functional vision. 2) He has the ability to document this.

    The people who work in the field of ADA and employment discrimination know the rules and, more importantly, the rulings. If he has the physical qualifications, and the persistence, to do this he certainly can. And they are the ones who know the path to that get him to that point.

    It has nothing to do with sidestepping the regulations. It has everything to do with not screwing over a qualified person because of a lack of comprehension by someone who should know better than to just assume instead of actually look.

    The vast majority of any kind of dispute involving lawyers does not result in lawsuits, it results in information about the law and the facts being presented to the other party to aid them in making legitimate and lawful decisions. People who specialize in particular areas of law have an advantage over those who do not. I told the OP to make inquiries for that very reason.

    If he meets the standards for passing the DOT physical then he should get his card. It sounds like he does and has been denied because a medico who should know better has failed in his due diligence. That is an issue that can be addressed by an expert. No lawsuit necessary. Probably just a letter or a conference.
     
    fargonaz Thanks this.
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