Ariella Walker v. National Technology and Engineering Solutions

facts that [a] reasonable accommodation was offered and refused.” Jensen v. Wells

Fargo Bank, 85 Cal. App. 4th 245, 263 (2000).

2 The parties agree that FEHA covers Walker’s fibromyalgia disability.1 The

record reflects that there is no genuine dispute of material fact that Sandia reasonably

accommodated Walker’s disability. Based on undisputed facts, the district court

found that Sandia granted all of Walker’s requests for time off and medical leave

due to her fibromyalgia. It was also undisputed that Sandia offered Walker the

accommodation of reassignment to non-classified tasks that could be performed

from home, and that Walker refused this reassignment. Because those facts were

undisputed, summary judgment for Sandia was proper on Walker’s claim for failure

to accommodate her disability. See Watkins v. Ameripride Servs., 375 F.3d 821, 829

(9th Cir. 2004). Walker’s two requests that Sandia denied—to be escorted into

Sandia’s sensitive compartmentalized information facility (“SCIF”) and to be

allowed to work on classified material from her home—were unreasonable as a

matter of law because they would violate national security protocols, as the district

court…