By Ed White
Associated Press
DETROIT (AP) — A deaf lifeguard who sued after recreation officials offered him a job but then rescinded it will get another opportunity to press his lawsuit against Oakland County, an appeals court said last Thursday.
The court said a judge used the wrong legal standard in 2011 when he ruled in favor of the county and dismissed the case.
Nicholas Keith, who has been deaf since birth and is unable to speak, claims officials violated his rights under a federal law that gives protections to people with disabilities.
Keith, 22, was offered a job at an Oakland County wave pool in southeastern Michigan, but the offer was dropped after officials talked to a doctor and risk-management consultants. He is a certified lifeguard who can use a cochlear implant to detect noises, whistles and people calling for him.
In a 3-0 decision, the 6th U.S. Circuit Court of Appeals said the county may have relied too much on advice from outside parties without focusing specifically on how Keith could perform the job.
The lawsuit now returns to federal court in Port Huron for more work and a possible trial or settlement, said Keith’s attorney, Joey Niskar.
“We’re surprised and disappointed,” said John Lynch, an attorney for Oakland County.
“Saving a distressed swimmer represents only a small fraction of what guards do,” he said. “They’re regularly required to communicate with sick kids or kids who have lost their parents — all the regular communication that could occur in a water park that needs to be dealt with directly. Mr. Keith cannot do that.”
Niskar said that “bias” is why Congress approved the federal Americans with Disabilities Act.
Under the county’s position, a “deaf or hearing-impaired person can never perform any job that involves contact with the general public,” Niskar said.
Keith told the county he would need a sign-language interpreter during staff meetings but could otherwise do the job without much additional accommodation. He proposed carrying cards in his swimsuit that say, “I am deaf. I will get someone to assist you. Wait here.”
Niskar said Keith could also blow a whistle.
“There are always other guards nearby,” he said.
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