Check out this recent news of a 22 year old deaf man who rely on sign language to communicate was found disqualified to be a lifeguard at a swimming pool even though he successfully completed lifeguard training. He does wear a cochlear implant that helps him detect noises, although having one does not help him pinpoint exactly where the noise is coming from. After he was rejected he sued the county claiming he was qualified under the ADA because he could do the essential elements as long a he gets reasonable accommodation. The county disagreed with that assessment saying hearing is an essential element of the job.
However,
A lower court sided with the county. But on appeal, the case was reversed and sent to a jury trial. The appeals court said that whether a job function is “essential” under the ADA is typically a fact-based question for a jury to decide. Several experts for Keith had testified that the ability to hear is not essential to the successful performance of lifeguard duties because swimmers in distress use hand motions to signal for help.
Plus, as Keith's experts noted, the world record-holder for most lives saved by a lifeguard is by Leroy Columbo—a deaf man.
Something to think about. What do you think?
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