Nancy Walraven v. Henry Paulson

MEMORANDUM

Nancy Walraven appeals from the district court’s grant of summary judgment for the Secretary of the Treasury (“defendant”) on Walraven’s claim of discrimination based on her disability under the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Walton v. U.S. Marshals Serv., 492 F.3d 998, 1005 (9th Cir.2007), and we affirm. .

The district court properly granted defendant’s summary judgment motion because Walraven failed to establish a prima facie case of discrimination under the Rehabilitation Act. To state a prima facie case under the Rehabilitation Act, a plaintiff must demonstrate that (1) she is a person with a disability, (2) who is otherwise qualified for the position, and (3) suffered discrimination because of her disability. Id. To demonstrate she is “qualified” for the position, a plaintiff must show she is able to perform the essential functions of the position at the time of the discrimination with or without reasonable accommodation. Dark v. Curry County, 451 F.3d 1078, 1086 (9th Cir.2006); Vinson v. Thomas, 288 F.3d 1145 , 1152 n. 7 (9th Cir.2002); Weyer v. Twentieth Century Fox Film…