Vawser

MEMORANDUM **

Richard Vawser appeals the district court’s summary judgment dismissal of his claims against Fred Meyer pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Oregon Rehabilitation Act, ORS 659.400 et seq. Vawser also challenges the district court’s summary judgment dismissing common law claims of negligence and public disclosure of private facts. We affirm substantially for the reasons stated by the district court in a thorough and reasoned opinion and order.

Vawser contends that the district court erred in ruling that Fred Meyer did not fail to provide reasonable accommodation when requested by plaintiff or to make a reasonable effort to explore possible accommodations. When the duty to accommodate arises, both the employee and the employer must communicate, exchange essential information and not delay or obstruct the process. Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1114-15 (9th Cir.2000) (en banc), cert. granted in part sub nom. US Airways, Inc. v. Barnett, - U.S.-, 121 S.Ct. 1600 , 149 L.Ed.2d 467 (2001). “Liability for failure to provide reasonable accommodations ensues only where the employer bears responsibility for the…