Montiel

Montiel v. Procter & Gamble Paper Products Co.

Good Law
5 F. App'x 742
United States Court of Appeals for the Ninth CircuitMarch 12, 200199-56620California302 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Montiel appeals the district court’s summary judgment in favor of defendant Procter & Gamble Paper Products Company (“P & G”). Montiel brought suit against P & G, alleging that P & G’s refusal to hire him constituted physical disability discrimination under California’s Fair Employment and Housing Act. In particular, Montiel contends that P & G “regarded” him as having a physiological *743 disorder that affects one or more bodily “systems,” and that limits the major life activity of working.

We review a grant of summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000). Viewing the evidence in the light most favorable to the nonmoving party, Montiel has failed to come forward with specific facts sufficient to overcome P & G’s motion for summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 260 n. 2, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). Montiel has provided no evidence that P & G perceived him as having a physical disability. Rather, the only reasonable inference to be drawn from the record is that P & G regarded Montiel as a healthy and capable…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.