Larry Dawson v. Akal Security Inc.

MEMORANDUM

Larry Dawson appeals the district court’s award of summary judgment in favor of AKAL Security, Inc., on his claims for discrimination and retaliation under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. Reviewing the district court’s order de novo, Humphrey v. Mem. Hosps. Ass’n, 239 F.3d 1128, 1133-34 (9th Cir. 2001), we reverse and remand because Dawson presented a triable issue of fact whether AKAL’s decision to place Dawson on unpaid leave while it delayed the interactive process for two months violated the ADA

The district court first erred by excluding two of Dawson’s exhibits. The first—a letter from the Equal Employment Opportunity Commission finding that there was “reasonable cause to believe that there is a violation of the ADA in that [AKAL] denied [Dawson] a reasonable accommodation and retaliated against [Dawson] by placing him on administrative leave”—was a self-authenticating docu ment. Fed. R. Evid. 902(1). The second—a medical release from Dawson’s physician— appeared genuine on its face. See Fed. R. Evid. 901(b) (providing a non-exhuastive list of means to establish authenticity); see also Las Vegas Sands, LLC v. Nehme,…