Elva Garcia v. Cintas Corp. No. 3

Good Law
601 F. App'x 531
United States Court of Appeals for the Ninth CircuitApril 30, 201513-35406California606 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Elva Garcia appeals the district court’s grant of summary judgment dismissing her claim for failure to accommodate her disability under Revised Code of Washington § 49.60.180. Because the parties are familiar with the facts and procedural history, we do not restate them except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. To give proper notice of an' injury requiring an accommodation, the plaintiff must either show that the condition substantially limited her, or produce medical documentation that working without an accommodation would aggravate the impairment until it became substantially limiting. Wash. Rev.Code § 49.60.040(7)(d); Johnson v. Chevron U.S.A., Inc., 159 Wash.App. 18 , 244 P.3d 438, 444 (2010). Although Garcia injured her wrist in August 2011, she told Cintas that she was pain-free in early November 2011, if not later, and thus she was not substantially limited by her condition at that time. Moreover, she produced no medical documentation that her condition would be aggravated by working in the First Sort position. Accordingly, her prior injury in August 2011 and her statement…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.