Nealy

Appellant Tony Nealy brought this action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his employer, the City of Santa Monica (the City), for disability discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, and retaliation. Nealy’s disability arose as a result of knee injuries while working for the City. The trial court granted the City’s motion for summary judgment. We find no triable issues of material fact and affirm.

FACTS AND PROCEDURE

1. Nealy’s Knee Injury in 2003

Nealy began his employment with the City in 1996 as a motorcoach cleaner in the transportation department. In 1997, he transferred departments and became a recycling worker, a position the City later retitled “solid waste equipment operator.”

Nealy injured his right knee in July 2003 when his foot slipped as he was moving a large bin full of food waste. A doctor declared him temporarily totally disabled after his injury. He had knee surgeries in 2003 and 2004. Nealy’s temporary disability extended to May 25, 2005, when his doctor, Dr. Arthur Harris, released him to “light duty” work with the…