Harshbarger

MEMORANDUM **

Mitchell Harshbarger, a former foreman for Sierra Pacific Company (“Sierra”), appeals the summary judgment in favor of his employer on claims alleging disability discrimination, retaliation, and hostile work environment in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12112 and 12132. Because Harshbarger failed to exhaust his administrative remedies for the hostile work environment claim with the Equal Employment Opportunity Commission, the district court did not and we do not have jurisdiction with respect to that claim. See E.E.O.C. v. Farmer Bros. Co., 31 F.3d 891, 899 (9th Cir.1994). We have jurisdiction, pursuant 28 U.S.C. § 1291 , over the appeal from the summary judgment on the disability discrimination and retaliation claims, which were exhausted. We review the award of summary judgment de novo, Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001), and we affirm in part, reverse in part, and remand for trial. Because the parties are familiar with the factual background, we do not recite the details here.

To establish a prima facie case of employment discrimination under the ADA, the plaintiff must prove three elements: (1) the…