Gerald Kirkish v. Mesa Imports, Inc.

MEMORANDUM

Plaintiff-Appellant Gerald Kirkish (“Kirkish”) appeals the district court’s grant of summary judgment for Defendant-Appellee Mesa Imports, Inc. (“Mesa”) on his claims under the American with Disabilities Act (“ADA”), 42 U.S.C. § 12101-12213 . We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Mesa’s inquiry into Kirkish’s prescription medication was justified by business necessity. See 42 U.S.C. § 12112 (d)(4)(A). It is undisputed that driving cars was an essential part of Kirkish’s job. Even though Kirkish was never involved in any automobile accidents on the job, “the business necessity standard may be met even before an employee’s work performance declines if the employer is faced with significant evidence that could cause a reasonable person to inquire as to whether an employee is still capable of performing his job.” Brownfield v. City of Yakima, 612 F.3d 1140, 1146 (9th Cir.2010) (quoting Sullivan v. River Valley Sch. Dist., 197 F.3d 804, 811 (6th Cir.1999)) (quotation marks omitted) (emphasis added). Here, Mesa already knew that Kirkish was taking prescription pain medication. Given the serious side-effects many prescription pain medications may have, and…