In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that he was not qualified because he could not hear downing people calling for help.

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In Keith v. County of Oakland, the court did not hold that Keith was unqualified because he could not hear drowning people calling for help. Instead, the court found that with reasonable accommodations, such as having another lifeguard on duty who could hear, Keith could perform the essential functions of the job, thus he could not be deemed unqualified solely based on his inability to hear.

In Keith V