Tan

MEMORANDUM **

Plaintiff-Appellant Noel Tan (“Tan”) appeals the District Court’s grant of summary judgment on his disability discrimination claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 , and California’s Fair Employment and Housing Act, Cal. Gov’t Code § 12940, against his former employer, Defendant-Appellee Kaiser Foundation Hospitals (“Kaiser”). We reverse in part and affirm in part because when the evidence is viewed in the light most favorable to Tan, there are genuine issues of material fact as to some of his claims. See Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

Tan, a licensed vocational nurse, suffered injuries to his neck and back when he attempted to break the fall of an oncology patient. Tan entered a workers’ compensation settlement with Kaiser. The settlement incorporated a statement by the agreed-upon medical examiner that Tan was permanently unable to perform the tasks of his former position due to a restriction against heavy lifting, pushing, and pulling. The settlement further included a vocational rehabilitation program. The collective bargaining agreement gave Tan priority over all other applicants on…