Ohio Firefighter’s Hearing-Loss Termination Case Heads to Sixth Circuit After Summary Judgment for Township

A federal district court decision issued earlier this year in favor of Genoa Township, Ohio, in a firefighter hearing-loss discrimination case has now been docketed with the Sixth Circuit Court of Appeals.

The appeal follows a February 13, 2026 ruling by the U.S. District Court for the Southern District of Ohio granting summary judgment to Genoa Township and dismissing firefighter/EMT Jeffrey Kibler’s claims under the ADA and Ohio disability discrimination law. 

Kibler had worked for Genoa Township as a firefighter/EMT from 2001 until 2021. He began using a hearing aid in his right ear in 2002 and a second hearing aid in 2006, performing full firefighting duties while wearing them. According to the court, department leadership, including Fire Chief Joseph Ponzi, knew he wore hearing aids, and no hearing-related operational incidents were identified during those years. 

Genoa Township’s fire department had incorporated the hearing requirements of NFPA 1582 into its employment policy beginning in 2006. Under that standard, a firefighter’s unaided hearing in the better ear must average greater than 40 decibels at specified frequencies. The department policy also stated that hearing aid use was not considered a reasonable accommodation for hearing deprivation. 

The court noted that firefighters often work in low-visibility environments where hearing becomes critical for communication, locating occupants, detecting alarms, and recognizing structural sounds such as collapsing walls or changing fire conditions. NFPA materials cited in the decision stated that hearing aids are not calibrated to function reliably in high background noise and may interfere with localization of sound. 

During Kibler’s annual physical in August 2021, the department physician determined that his hearing no longer met the NFPA threshold. Although he was initially released to work without restrictions, Genoa placed him on paid administrative leave two days later. Kibler then underwent additional testing with his audiologist, who also found that his hearing fell below the NFPA threshold but concluded he should have no issue performing his duties while using hearing aids. 

The department physician later advised Chief Ponzi that Kibler’s hearing had not met the NFPA threshold since at least 2011 and had worsened over time. He stated that although hearing aids improved Kibler’s hearing, he could not predict whether Kibler would be able to hear and understand speech under high background noise or directionally locate cries for help or alarms during firefighting operations. 

The physician also expressed concern that hearing aids could fail in an immediately dangerous to life and health environment because of sweat, heat, humidity, or water exposure. While recommending hearing protection and closed-loop communication practices, he advised Genoa to consider whether any accommodation existed that would exclude Kibler from such environments. 

At a pre-separation conference, Kibler proposed four accommodations: continuing to work with his hearing aids, carrying a second pair of hearing aids as backup, limiting his duties to engineer functions, or transferring to an administrative position. Genoa rejected each proposal. Chief Ponzi stated that continuing interior firefighting with hearing aids did not resolve the safety concerns raised by the hearing standard, that changing hearing aids during an emergency scene would not be feasible, that limiting duties would eliminate essential functions, and that no administrative vacancy existed. 

Kibler later proposed assignment to a staff lieutenant position or remaining on shift while operating apparatus if fire entry became necessary, but those proposals were also rejected.  The Genoa Township Board of Trustees voted to terminate his employment, and he was notified on April 21, 2022. 

In granting summary judgment, Chief Judge Sarah D. Morrison held that Kibler had not shown he could perform the essential functions of a firefighter/EMT with a reasonable accommodation. The court found that interior firefighting, suppression, rescue, and emergency response in hazardous environments remained essential functions of the position and that the proposed accommodations either failed to address the hearing standard or would remove essential duties from the job. 

The court also relied on expert testimony that hearing aids are not designed for structural firefighting conditions and may fail unpredictably under elevated heat, humidity, and water exposure. It concluded that Genoa was not required to disregard its own policy, the national standard, and medical recommendations in favor of hoping no failure would occur during an emergency. 

Here is a copy of the decision