DEAF LIFEGUARD MAKES HER CASE; YMCA FIRING CHALLENGED IN LAWSUIT.

Byline: Michael Fleeman Associated Press 

Being deaf didn't stop Stacy Bradley from getting certified as a lifeguard. It didn't stop her from working as a lifeguard for a year at a YMCA pool in Long Beach.

So why, she asks in a $12 million legal action, did it get her fired?

``It was really hard for me to accept that,'' Bradley, 21, of Tustin said last week. ``I was left speechless. I had worked so hard for that accomplishment. It was really hurtful.''

Bradley, saying a lifeguard relies on eyesight more than hearing, filed lawsuits last year in state and federal courts, alleging wrongful termination and emotional distress by the YMCA.

A hearing on the state suit Friday was continued until April 17 so her attorneys can meet with lawyers for the YMCA in out-of-court settlement talks.

`A safety issue'

The YMCA says it fired Bradley because of a policy banning hearing-impaired and sight-impaired lifeguards. Being deaf, the YMCA contends, impedes a lifeguard's ability to hear a swimmer shout for help.

``It's a safety issue,'' said YMCA national Executive Director David Mercer in Chicago. ``We believe that hearing is an essential requirement for a lifeguard. It comes down to the safety of the children. We just simply don't compromise that.''

Other lifeguards say the issue isn't clear cut.

``There's always going to be someone that can do the job no matter what kind of challenge they have. And if the YMCA hired her, she must have been able to do the job,'' said Kevin Bialas, 24, who has been a public pool manager and lifeguard in Santa Clarita for 5-1/2 years.

But, Bialas added: ``I honestly think it helps to be able to hear. Sometimes, even while you're scanning (the pool), it's good to have your ears to hear what's going on.''

The legal action is at least the second involving a deaf lifeguard working for the YMCA, and the latest lawsuit alleging violations of the federal Americans With Disabilities Act.

Last year, a federal judge dismissed David Schultz's $20 million suit against the Hockomock Area YMCA in Massachusetts and its national parent organization before the case could go to trial. Schultz's certification was yanked by the YMCA after he had worked as a lifeguard, instructor and coach at several pools for 16 years. He has appealed and his attorney is now working for Bradley.

Bradley's case also follows by just weeks a major court victory for a disabled golfer who was claiming discrimination under the ADA.

A federal judge in Oregon ruled Casey Martin may ride a cart on the professional tour. The judge found that a golf course during a tournament is subject to the act.

The YMCA's defense in Bradley's case is also reminiscent of one in another high-profile case. The YMCA is citing the same ``bona fide occupational requirement'' provision in California law that Aaron Spelling's lawyer unsuccessfully used in the case of fired pregnant actress Hunter Tylo.

Despite the argument, a jury awarded Tylo $4.9 million, saying she was wrongfully terminated from TV's steamy soap ``Melrose Place.''

Bradley, who grew up in Long Beach and swam for her high school team, was hired by the Los Altos YMCA in 1995 and worked as a lifeguard from April 1995 to May 1996, guarding children at the center's small pool.

Bradley says she has had her hearing problem since birth - doctors don't know what caused it - and her hearing has become progressively worse, although with hearing aids, she can make out clear, single voices. She spoke in a telephone interview with the help of a special operator, who typed in the questions, which she responded to in her own voice.

She said the YMCA knew of her disability when it hired her, and she was certified both by the YMCA and the Red Cross. She also is a certified Emergency Medical Technician with skills in CPR.

Her deafness, she said, never interfered with her work.

``With any life-threatening situation, you're most likely not going to hear that,'' she said, noting the pool is always noisy with kids screaming in fun. ``One of the things you're taught as a lifeguard is scanning. You never take your eyes away from the area that you are supposed to be watching. You're always watching the pool. They don't teach you anything about relying on hearing. They teach you to use your eyes.''

Policy cited

She worked without complaint until she was fired May 15, 1996. The YMCA cited a 1994 policy barring deaf lifeguards.

The YMCA's Mercer said he wasn't sure why Bradley was hired after that policy was written, or why the YMCA itself certified her as a lifeguard despite her disability.

``There are 15,000 certifications a year,'' Mercer said. ``This could have been one that slipped through.''

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PHOTO Stacy Bradley contends she was wrongly terminated by the YMCA.

Associated Press