Santos

MEMORANDUM **

1. EEOC Rulings

Santos seeks enforcement of administrative decisions that order USPS to reasonably accommodate her. Those decisions, however, did not address the suitability of USPS’s offers in 1994 or 1995. Thus, there was no decision to preclude the district court from ordering summary judgment for USPS.

2. Reasonable Accommodation

To be entitled to summary judgment on the reasonable accommodation issue, the USPS must, first, have acted in good faith during the interactive process in which the parties are to identify a reasonable accommodation. Second, USPS must have given due consideration to Santos’s preference of accommodations. Third, there must be no genuine dispute that the offered accommodation was actually reasonable. See Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1114-16 (9th Cir.2000) (en banc), cert. granted, — U.S. —, 121 S.Ct. 1600 , 149 L.Ed.2d 467 (2001).

Even before the 1994 EEOC order, USPS was clearly making a good faith attempt at pursuing the interactive process we described in Barnett . USPS consulted Dr. Fineman’s reports to identify specific individuals who posed barriers to the provision of an equal employment opportunity for Santos.…