Rowe

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the court is defendant City and County of San Francisco’s (“City’s”) motion for summary judgment on plaintiff Rebecca Rowe’s claims under both the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”) and California’s Fair Employment and Housing Act, Cal. Gov’t Code §§ 12900 et seq. (“FEHA”). Plaintiff alleges that defendant discriminated against her on the basis of her disability by denying her a reasonable accommodation through reassignment to a different position. For the reasons set forth below, defendant’s motion is denied.

Plaintiff began working for the City’s Municipal Transportation Agency (“MUNI”) as a 9163 Transit Operator in June of 1979. On September 22, 1997, plaintiff was taken off work due to complications resulting from an industrial injury she suffered on April 15, 1997. Specifically, plaintiff suffered from lower back pain and disc herniations. Plaintiff also developed problems in her right hand due to carpal tunnel syndrome and arthritis. Rowe’s treating physician, Dr. Dominic Tse, recommended at this time that she not return to work as a Transit Operator due to her lower back and…