Service
Service v. Union Pacific Railroad
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
In count three of his Third Amended Complaint, plaintiff Dennis Service alleges that defendants Southern Pacific Transportation Company (“Southern Pacific”) and Union Pacific Railroad Company (“Union Pacific”) discriminated against him in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., and the California Fair Employment and Housing Act (“FEHA”), Cal.Gov.Code § 12900 et seq., by failing to reasonably accommodate his asthma. This matter is before the court on Union Pacific’s motion for summary judgment as to this claim. For the reasons set forth below, Union Pacific’s motion is denied.
BACKGROUND
1. Plaintiffs Employment
Plaintiff began his employment with Southern Pacific in 1963 as switchman, but transferred into engine service shortly thereafter. At all relevant time herein, plaintiff worked as a locomotive engineer, and as such, spent extended periods of time in the enclosed space of a locomotive cab. Union Pacific acquired Southern Pacific in 1996. Thereafter, plaintiff was employed by Union Pacific.
2. Plaintiff’s Condition
Plaintiff was first diagnosed with asthma in the late 1970s. Initially his asthma was not…