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Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Deaf Lifeguard Might Be Qualified To Notice Emergency Signs For Help

Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments...more

New Sixth Circuit ADA Opinion May Make Employers Rethink How They Engage in the Interactive Process

Nicholas Keith has been deaf since birth. After initially being offered a job as a lifeguard for Oakland County, Michigan, he, like all other County lifeguards, had to undergo a physical performed by a physician retained by...more

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more

Sixth Circuit Revives ADA Claim of Deaf Lifeguard

In Keith v. County of Oakland, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment to a county pool that denied employment to a deaf lifeguard. Setting aside the issue that seems to have captivated the...more

Hiring an Interpreter May Be a Reasonable Accomodation under the ADA

On Thursday, January 10, 2013, the Sixth Circuit Court of Appeals, which governs Kentucky, rendered a pro-employee opinion, Keith v. County of Oakland, allowing a case to proceed under the Americans with Disabilities Act...more

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