Keith v. Cnty. of Oakland, No. 11-2276 (6th Cir. 2013)
Annotate this CaseKeith has been deaf since his birth in 1980. Wearing a sound transmitter, he can detect noises. He is unable to speak and communicates using American Sign Language (ASL). In 2007, Keith successfully completed a lifeguard training program, with assistance from an ASL interpreter, and applied for a position at the county’s wave pool. Stavale, the county recreation specialist, explained to her supervisors that Keith had requested an ASL interpreter for meetings and classroom instruction. Having received no objection, Stavale extended an offer of employment, conditioned upon a pre-employment physical. During that physical, the doctor stated: “He’s deaf; he can’t be a lifeguard” and “I have to [fail him]. If something happens … they’re going to come after me.” Aquatic safety and risk management consultants expressed concern about whether a deaf individual could perform effectively as a lifeguard. Stavale identified accommodations that she believed could successfully integrate Keith. The employment offer was withdrawn. The district court granted the county summary judgment in his suit under the Americans with Disabilities Act, 42 U.S.C. 12101, and the Rehabilitation Act, 29 U.S.C. 794. The Sixth Circuit reversed, holding that issues of material fact exist regarding whether Keith is otherwise qualified to be a lifeguard, with or without reasonable accommodation.
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