THE MAGAZINE

Elsewhere in the Courts: Discrimination

A federal appeals court has ruled that a security guard who was terminated after he failed a hearing test has no standing to sue his employer for discrimination. The security officer, who wore a hearing aid, was assigned to guard a federal building. Under federal law, guards must have adequate hearing without the use of a hearing aid. The court determined that the policy was consistent with business necessity given “the tremendous harm that could result if a security officer could not perform the essential functions of his job at any given moment.” (Allmond v. Akal Security Inc., U.S. Court of Appeals for the Eleventh Circuit, No. 07-15561, 2009)

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