UPS

MEMORANDUM

Plaintiff Kathy Wright appeals the district court’s grant of summary judgment to defendant United Parcel Service, Inc. (“UPS”) on Wright’s California Fair Employment and Housing Act (“FEHA”) disability discrimination claims, alleging UPS wrongfully failed to reinstate her, failed to accommodate her, and did not engage in good faith in an interactive process to accommodate her disability. We reverse and remand.

(1) There were genuine issues of material fact on Wright’s disability discrimination claim.

(a) To establish a prima facie disability discrimination case under FEHA, a plaintiff must show, inter alia, that she was a “qualified individual” who “could perform the essential [functions] of the job with or without reasonable accommodations.” Wills v. Superior Court, 195 Cal.App. 4th 143, 159-60 , 125 Cal.Rptr.3d 1 (2011); see also Green v. State, 42 Cal.4th 254, 265 , 64 Cal.Rptr.3d 390 , 165 P.3d 118 (2007). “‘Essential functions’ means the fundamental job duties of the employment position.... ‘Essential functions’ does not include the marginal functions of the position.” Cal. Gov’t Code § 12926(f); see also Cal.Code Regs. tit. 2, § 11065(e) (defining essential and…