Anthony Nigro v. Sears, Roebuck and Co.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY V. NIGRO, No. 12-57262 Plaintiff-Appellant, D.C. No. v. 3:11-cv-01541-

MMA-JMA

SEARS, ROEBUCK AND CO.,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Argued and Submitted February 5, 2015—Pasadena California

Filed February 25, 2015

Before: Stephen Reinhardt, Ronald M. Gould, Circuit Judges, and Robert W. Gettleman, Senior District Judge.*

Opinion by Judge Gould

* The Honorable Robert W. Gettleman, Senior District Judge for the U.S. District Court for the Northern District of Illinois, sitting by designation. NIGRO V. SEARS, ROEBUCK AND CO.

SUMMARY**

Disability Discrimination

The panel reversed the district court’s summary judgment in favor of Sears, Roebuck and Co. in a former employee’s diversity action alleging disability discrimination claims under California’s Fair Employment and Housing Act.

The panel held that the employee presented triable claims under FEHA: (1) that Sears discriminated…