Allen

ORDER GRANTING DEFENDANTS PACIFIC BELL AND SBC COMMUNICATIONS, INC.’S MOTION FOR SUMMARY JUDGMENT

I.Background

A. Factual Summary

This action was originally brought by Plaintiff Clarence Allen (“Plaintiff’) on his own behalf and as a representative of a class against Defendants Pacific Bell (“Pacific Bell”) and SBC Communications (collectively, “Defendants”). Plaintiff asserts the following claims in the Third Amended Complaint, which is the operative complaint:

1. Disability discrimination in violation of FEHA, Cal. Gov’t Code § 12940(a);

2. Disability discrimination in violation of ADA, 42 U.S.C. §§ 12101-12213 ;

3. Age discrimination in violation of FEHA, Cal. Gov’t Code § 12941;

4. Age discrimination in violation of ADEA, 29 U.S.C. §§ 621-634 ;

5.Discrimination for taking leave in violation of CFRA, Cal. Gov’t Code § 12945.2.

The following facts are undisputed

Nature of Pacific Bell’s Business

Pacific Bell provides telephone service to business and residential customers throughout California. To accomplish that goal, Pacific Bell employs approximately 45,000 employees who are organized and assigned to dozens of different job classifications, each with different…