Williams v. Chino Valley Independent Fire District

MEMORANDUM

The district court dismissed, for failure to state a claim upon which relief can be granted, the complaint filed by Loring Williams alleging violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 , and the California Fair Employment and Housing Act, Cal: Gov’t Code §§ 12900-12996, by his former employer, Chino Valley Independent Fire District. We have jurisdiction over Williams’s appeal under 28 U.S.C. § 1291 , and affirm.

1. Williams did not state a disparate-treatment claim under California or federal law. The one-year limit on eligibility for requalification in Chino Valley’s Personnel Rules applies to all retirees, regardless of whether they are disabled, and thus is not facially discriminatory. If the one-year bar prevented Williams from seeking open positions, this was the result of his decision to pursue requalification rather than undergo the ordinary competitive process, and not “because of’ his disability. See Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir.1999); Wills v. Super. Ct., 195 Cal.App.4th 143 , 125 Cal.Rptr.3d 1, 15 (2011).

2. Williams also failed to state a disparate-impact claim. Williams does not allege any…