Foster

Foster v. City of Oakland

Good Law

649 F. Supp. 2d 1008·2009 WL 2475065·22 Am. Disabilities Cas. (BNA) 410·2009 U.S. Dist. LEXIS 70094

United States District Court, Northern District of CaliforniaAugust 11, 2009C-08-01944 EDLCalifornia7,449 words

Opinion

Laporte, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff Michael Foster (“Plaintiff’) filed this action against his former employer, Defendant City of Oakland, and supervisor, Defendant Audree Jones-Taylor (“Defendants”), alleging violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), and the Califor nia Fair Employment and Housing Act, Cal. Gov.Code § 12900 et seq. (“FEHA”). Before the Court is Defendants’ Motion for Summary Judgment. The Court held a hearing on July 7, 2009. For the reasons stated at the hearing and in this Order, Defendants’ Motion is granted in part and denied in part.

BACKGROUND FACTS

On June 3, 2006, Plaintiff was hired by the City’s Office of Parks and Recreation as a part time Recreation Specialist I at the Allendale Recreation Center. Foster Decl. ¶ 3; Lee Decl. Ex. A at 24, 30-31. Plaintiffs supervisor was Jennifer Koney, who was the General Recreation Supervisor. Lee Decl. Ex. A at 35; Koney Decl. ¶ 1. Koney reported to Audree Jones-Taylor, who was the Director of the City’s Office of Parks and Recreation. Koney Decl. ¶ 1; Jones-Taylor Decl. ¶ 1. Jones-Taylor had authority over…

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