Cara Wong v. Pape MacHinery, Inc.

MEMORANDUM

Cara Wong (“Wong”) appeals the district court’s grant of Pape Machinery’s (“Pape”) motion for summary judgment in this diversity case, which alleges disability discrimination in violation of the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo. Canyon Ferry Rd. Baptist Church of East Helena, Inc. v. Unsworth, 556 F.3d 1021, 1027 (9th Cir.2009). We affirm the district court.

1. FEHA prohibits an employer from discriminating against a disabled employee who can perform the essential duties of her position. Cal. Gov’t Code § 12940(a)(1). California courts evaluate disability discrimination claims via a three-step burden shifting analysis. Scotch v. Art Inst. of California, 173 Cal.App.4th 986, 1004 , 93 Cal.Rptr.3d 338 (2009) (internal citations omitted). First, the employee establishes a prima facie case of discrimination by showing she (1) was a member of a protected class; (2) was qualified for the job; and (3) suffered an adverse employment action due to disability. Id. Second, the employer must rebut the resulting…