McFadden

MEMORANDUM

Geraldine McFadden appeals from the district court’s entry of summary judgment against her and in favor of Regional Transportation Commission (“RTC”) and individual defendants in an action that challenged her dismissal as a violation of several federal statutes. We affirm the district court.

The district court did not err in granting summary judgment on McFadden’s Americans with Disabilities Act (“ADA”) claim because McFadden did not establish that she was disabled within the meaning of the Act. See 42 U.S.C. § 12102 (1); 29 CFR § 1630.2 (g)-(i). She did not argue in the district court that an inability to drive a car constituted a disability under the ADA, so any such contention has been waived on appeal. See Raich v. Gonzales, 500 F.3d 850, 868 (9th Cir.2007). In order to prevail on her claim that she was terminated on account of her employer’s perception of her disability, she must establish that such a perception motivated her termination. See Deppe v. United Airlines, 217 F.3d 1262, 1265 (9th Cir.2000). She has failed to establish the existence of any material issue of fact regarding RTC’s motivation. The record established she was terminated on account of poor…