Fox

Fox v. Delta Airlines, Inc.

Good Law
33 F. App'x 842
United States Court of Appeals for the Ninth CircuitFebruary 11, 2002No. 00-57119; D.C. No. CV-98-01456-BTM(POR)California368 words

Opinion

Lead Opinion

MEMORANDUM **

Patricia Fox appeals the district court’s grant of summary judgment in favor of Delta Airlines in Fox’s action under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and California state law. We affirm.

Fox is not “disabled” under the ADA because her lifting restrictions do not substantially limit the major life activities of performing manual tasks, Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 , 122 S.Ct. 681, 690 , 151 L.Ed.2d 615 (2002); Thompson v. Holy Family Hosp., 121 F.3d 537, 539 (9th Cir.1997) (25 pound lifting restriction does not substantially limit a major life activity), or working. Sutton v. United Air Lines, Inc., 527 U.S. 471, 492 , 119 S.Ct. 2139 , 144 L.Ed.2d 450 (1999). Delta did not regard her as disabled because it offered her her old position back and informed her of other job openings within the company. Thompson, 121 F.3d at 541 . Because Fox is not “disabled” under the ADA, we need not decide whether she is a “qualified individual” or whether she has suffered discrimination on the basis of her disability. Kees v. Wallenstein, 161 F.3d 1196, 1199 (9th Cir.1998).

We decline to consider Fox’s claim that she was…

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