Stephenson
Stephenson v. United Airlines, Inc.
Opinion
Lead Opinion
MEMORANDUM
Keith Stephenson (“Stephenson”) appeals the district court’s order dismissing his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (“ADA”), Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. §§ 2000e et seq . (“Title VII”), and the California Fair Employment and Housing Act, Cal. Gov. Code § 12940 et seq. (“FEHA”), and granting United Air Lines, Inc. (“UAL”) summary judgment. We affirm in part, reverse in part, and remand for further proceedings. The parties are familiar with the facts, and, therefore, we only discuss those germane to our analysis.
We have jurisdiction under 28 U.S.C. § 1291 . Summary judgment is reviewed de novo. See Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998). This court must determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact precluding summary judgment, and whether the district court correctly applied the relevant substantive law. See id.
UAL argues that Stephenson failed to exhaust his administrative remedies. See 42 U.S.C. § 12117 (a) (Supp. V 1993). We disagree. The district court must examine both the…