Question
Opinion by Circuit Judge Griffin: Plaintiff Nicholas Keith, a deaf individual, filed the instant action alleging that defendant Oakland County discriminated against him on the
Opinion by Circuit Judge Griffin:
Plaintiff Nicholas Keith, a deaf individual, filed the instant action alleging that defendant Oakland County discriminated against him on the basis of disability in violation of the Americans with Disabilities Act ("ADA"), when it failed to hire him as a lifeguard. The district court granted Oakland County's motion for summary judgment. For the reasons that follow, we hold that genuine issues of material fact exist regarding whether Keith is otherwise qualified to be a lifeguard at Oakland County's wave pool, with or without reasonable accommodation. Accordingly, we reverse the district court's judgment and remand for further proceedings consistent with this opinion.
Keith has been deaf since his birth in 1980. When wearing an external sound transmitter, he can detect noises through his cochlear implant, such as alarms, whistles, and people calling for him. Because he is unable to speak verbally, he communicates using American Sign Language ("ASL").
In 2006, Keith enrolled in Oakland County's junior lifeguard training course. Oakland County provided an ASL interpreter to relay verbal instructions to him. The interpreter did not assist Keith in executing lifesaving tasks. Keith successfully completed the course. In 2007, Keith enrolled in Oakland County's lifeguard training program. Candidates must pass a basic swim test to participate in the training. During training, candidates are taught how to enter the water, scan the water for distressed swimmers, execute basic saves, respond to spinal injuries, and perform CPR. With the assistance of an ASL interpreter to communicate verbal instructions, Keith successfully completed the training.
Having received his lifeguard certification, Keith applied for a lifeguard position at Oakland County's wave pool. The job announcement required applicants to be at least sixteen years old and pass Oakland County's water safety test and lifeguard training program. The application also contained the following condition of employment: "All persons hired by Oakland County must take and pass a medical examination from a county-appointed physician, at no cost to the applicant."
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