Leticia Ceja-Corona v. Cvs Pharmacy, Inc.

MEMORANDUM

Plaintiff Leticia Ceja-Corona timely appeals the judgment in favor of Defendant CVS Pharmacies, Inc. (“CVS”). Ceja-Coro-na brought several claims under California’s Fair Employment and Housing Act (“FEHA”), and two non-FEHA claims for wrongful termination and unfair competition, both under California law. Jurisdiction was premised on diversity. Reviewing de novo the grant of summary judgment, Weiner v. San Diego Cty., 210 F.3d 1025, 1028 (9th Cir. 2000), we affirm.

1. A FEHA claim for disability discrimination requires a plaintiff to establish qualification for statutory protection. Green v. State, 42 Cal.4th 254 , 64 Cal.Rptr.3d 390 , 165 P.3d 118, 123 (2007). To do so the employee must demonstrate the ability to perform the essential functions of the job with (or without) a reasonable accommodation. Id. at 119.- Reasonable accommodations can include restructuring current responsibilities—if essential functions are not eliminated. Nealy v. City of Santa Monica, 234 Cal.App.4th. 359, 375, 184 Cal.Rptr.3d 9 (2015). Reasonable accommodations can also include reassignment to another vacant position—if such a position exists. See Cleveland v. Policy Mgmt. Sys. Corp., 526…