Jefferson v. Time Warner Cable Enterprises LLC

MEMORANDUM

Gary Jefferson appeals pro se from an adverse grant of summary judgment to Time Warner Cable (“TWC”) on several claims brought under various federal anti-discrimination statutes and California law. We have jurisdiction under 28 U.S.C. § 1291 . We may affirm the district court on any basis supported by the record. Engleson v. Burlington N. R.R. Co., 972 F.2d 1038, 1044 (9th Cir.1992). Reviewing de novo, Oswalt v. Resolute Indus., Inc., 642 F.3d 856, 859 (9th Cir.2011), we affirm.

AMERICANS WITH DISABILITIES ACT CLAIMS

1. The district court properly limited the scope of its subject matter jurisdiction to the factual allegations in Jefferson’s EEOC complaint, E.E.O.C. v. Farmer Bros. Co., 31 F.3d 891, 899 (9th Cir.1994), narrowing its consideration of Jefferson’s challenge to TWC’s implementation of Scorecard and its decision to use a performance-based scheduling system. Both are described in the EEOC complaint. Any other conduct falls outside the district court’s jurisdiction.

To show a prima facie case of disparate treatment under the ADA, Jefferson must show that, within the meaning of the statute, he: “(1) is disabled; (2) is qualified; and (3) suffered an adverse…