Walton

Naomi Walton sued the U.S. Marshals Service (“USMS”) under the Rehabilitation Act of 1973 alleging that the USMS unlawfully discharged her because of her hearing impairment. She appeals from the district court’s grant of summary judgment in favor of the USMS, arguing that the district court erred in ruling that she failed to demonstrate a genuine issue of material fact concerning whether she was disabled within the meaning of the Acts. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Background

Walton was employed by Akal Security, Inc. (“Akal”) as a Court Security Officer (“CSO”) at the United States District Court for the Northern District of California. Akal is a private contractor that provides CSOs at federal courthouses within the Ninth Circuit by contract with the USMS. The contract requires that Akal employees for CSO positions meet certain USMS physical requirements. Based on the USMS’s determination that Walton did not meet the USMS’s audiological standards, the USMS medically disqualified her from employment as a CSO and Akal terminated her employment.

In its agreement with Akal, the USMS requires CSOs to undergo annual physical examinations. The…