In Keith V

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:

A) Keith suffered per se discrimination and would be hired and paid back wages
B) Keith's limitations made him eligible for some Country jobs, but not one involving lifesaving as drowning persons often call for help
C) Keith presented evidence that he could communicate and perform
D) Keith failed to show that he could perform the job so even if he is disabled, the issue is moot
E) none of the other choices are correct