Lenora Humphrey-Baker v. United Airlines Inc.

MEMORANDUM

Plaintiff Lenora Humphrey-Baker appeals from the summary judgment entered in favor of Defendant United Airlines Inc. in this diversity case brought under California’s Fair Employment and Housing Act (“FEHA”). Defendant terminated Plaintiffs employment after concluding that her disability prevented her from performing the essential tasks of her job as a customer service representative, even with a reasonable accommodation. See Green v. State, 42 Cal.4th 254 , 64 Cal.Rptr.3d 390 , 165 P.3d 118, 119 (2007) (holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation). On de novo review, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir. 1994), we reverse and remand.

Plaintiff testified that her essential duties as a customer service representative included working at the ticket counter and the gate area only. She claims that she received no training in how to work at the loading ramp or in the baggage area, and only occasionally assisted in those areas. Defendant, however, contends that all four potential job assignments were essential duties of a customer service representative at the…