Lisa Carter v. Rbc Capital Markets Corporatio

MEMORANDUM

Lisa Carter sued her employer, RBC Capital Markets Corporation, alleging that RBC’s failure to reinstate her, after she took almost a year of leave from work, constituted disability discrimination, medical leave retaliation, and wrongful termination in violation of public policies under California law. RBC presented evidence that, while Carter was on leave, other employees absorbed Carter’s job responsibilities, and RBC began a cost containment initiative in response to the downturn in the financial markets. When Carter sought to return, RBC no longer had a position for her. The district court granted summary judgment for RBC.

We have jurisdiction under 28 U.S.C. § 1291 and review the district court’s decision de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013, 1019 (9th Cir.2004). Viewing the evidence in the light most favorable to Carter, we agree with the district court that there is no genuine issue of material fact. See id. We affirm the grant of summary judgment for RBC.

I. Disability Discrimination Claims

The elements of a prima facie case of disability discrimination are (1) the plaintiff is disabled; (2) the plaintiff can, with or without…