Vaughn Allen v. Fedex Express

MEMORANDUM

Vaughn Allen brought this action in California state court alleging that he was discharged by his employer, FedEx Express Corporation (“FedEx”), in violation of the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § § 12940-96. The district court, in two separate opinions, granted summary judgment to FedEx, and Mr. Allen now appeals. We affirm.

1.

We agree with the district court that, viewing the facts in the light most favorable to Mr. Allen, he satisfied the burdens of a prima facie case of discrimination under the FEHA. Specifically, Mr. Allen has presented sufficient evidence that his employer perceived him as disabled: FedEx was aware of his seizure history, his extended medical leaves and his on-going need for medications to control his seizures; his first supervisor told him that he should come to work even if the paramedics had to bring him in; his second supervisor told him that he would be sent home if he looked sick. Winarto v. Toshiba America Electronics Components, Inc., 274 F.3d 1276, 1291 (9th Cir.2001), is not to the contrary. Although in Winarto we found physicians’ notes detailing the plaintiffs limitations to be insufficient to…