The lack of same-as-audio-language subtitles should be an issue for some association of hearing impaired people to fight. In fact, I wouldn't be surprised if legislation mandating access is required in some cases. Seems rather discriminatory to let people select audio language, but then require them to be able to hear just fine.
Of course, torrents almost never have this issue. (And have proper rewind/forward/skip/audio adjust[1] features.) At least half the time of the rare times I found something on Netflix, I just torrent it anyways as it's a superior experience.
1: Seriously, Netflix has been around for how long? And still no dynamic range compression for nighttime watching? Or "volume boost" for really quiet sources (or shitty playback systems)?