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Would a Lifeguard Who Is Deaf Be “Qualified” Under the ADA?
January 24, 2013
Source: Business Management Daily
A new court ruling this month shows how mistakes made in assessing the applicant's medical condition can leave an employer drowning in litigation. An 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.
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