Leicht

MEMORANDUM *

In this action for, among other claims, violation of Title I of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101 et seq., Plaintiff Marie-Therese Leicht challenged the refusal of her employer, Hawaiian Airlines, Inc., to provide her a reasonable accommodation to enable her to return to work following her treatment for lung cancer. The court granted Hawaiian’s motion for summary judgment on Plaintiffs ADA claim. 1 Plaintiff, by her cousin and personal representative, Harry B. Leicht, appeals. 2 We reverse and remand for further proceedings in light of our decisions in Barnett v. U.S. Air, Inc., *554 228 F.3d 1105 (9th Cir.2000) (en banc), cert. granted in part by U.S. Airways, Inc. v. Barnett, — U.S.-, 121 S.Ct. 1600 , 149 L.Ed.2d 467 (April 16, 2001), 3 and Humphrey v. Memorial Hospitals Ass’n, 239 F.3d 1128 (9th Cir.2001).

Plaintiff contended that Hawaiian effectively decided unilaterally (and without notifying her) that her medical leave was no longer a reasonable accommodation when it permanently replaced her as the Director of Procedures and Training. In addition, Plaintiff argued that Defendant failed to consider fairly her qualifications…