ADA, Sixth Circuit

The Sixth Circuit Reverses a District Court’s Summary Judgment that a Deaf Person is not “Otherwise Qualified” to Perform the “Essential Functions” of a Lifeguard

The Sixth Circuit recently decided an interesting case involving the Americans With Disabilities Act — a rare case in which an employer’s hiring decision literally could have life and death consequences.  In Keith v. County of Oakland, 6th Cir. No. 11-2276, 2013 WL 115647 (Jan. 10, 2013), the plaintiff, a deaf person, filed an action alleging that Oakland County, Michigan discriminated against him on the basis of disability in violation of the ADA and the Rehabilitation Act of 1973 when it refused to hire him as a lifeguard for its wave pool.

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