Randall Huck v. Kone, Inc.

MEMORANDUM

Randall Huck appeals the district court’s dismissal of his employment discrimination claims pursuant to defendant Kone, Inc.’s motion for summary judgment. We have jurisdiction and we affirm.

A plaintiff bringing a discrimination claim under California Fair Employment and Housing Act (“FEHA”), Cal. Gov.Code § 12940 et seq., FEHA must show in general terms: (1) disability; (2) the ability to perform job duties; and (3) discrimination. Zeinali v. Raytheon Co., 636 F.3d 544, 552 (9th Cir.2011) (citation omitted). The parties do not dispute on appeal the district court’s finding that Huck was disabled under FEHA and that he could have continued to fulfill his job duties. They dispute only whether Huck provided sufficient evidence that he was fired because of his disability.

Huck was terminated shortly after going on medical leave for his carpal tunnel syndrome. This circumstance establishes a prima facie case of discrimination, which Kone rebutted with evidence that Huck was terminated because he traveled to Hawaii on a ticket paid for by Kone in contravention of a specific directive from his supervisor and charged additional personal travel expenses to his company…