Acosta

MEMORANDUM **

Edward Acosta appeals the district court’s grant of summary judgment in favor of Gaylord Container Corp. on his claims of physical disability harassment and discrimination in violation of California’s Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy. We reverse.

1. FEHA Claim

FEHA makes it an unlawful employment practice for a covered employer to “fail to make reasonable accommodation for the known physical or mental disability of an ... employee.” Cal. Gov’t.Code, § 12940(m); see also Jensen v. Wells Fargo Bank, 85 Cal.App.4th 245, 256 , 102 Cal. Rptr.2d 55 (2000). A reasonable accommodation may include “Q]ob restructuring, reassignment to a vacant position, part-time or modified work schedules, acquisition or modification of equipment or devices, adjustment or modification of exami *604 nations, training materials or policies ... and other similar actions.” Cal.Code Regs. tit. 2 § 7293.9(a)(2); see also Prilli-man v. United Air Lines, Inc., 53 Cal. App.4th 935, 947 , 62 Cal.Rptr.2d 142 (1997).

Acosta admits he cannot perform his previous job without accommodation, given his current medical restrictions. Therefore,…