Coley

MEMORANDUM *

Coley, formerly a probationary Correctional Officer in the Grant County Jail, appeals from the district court’s grant of the County’s 1 motion for summary judgment on his disability discrimination claims. Coley alleges that the County discriminated against him based on his hearing impairment in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., accompanying state law, Or.Rev.Stat. § 659.436, and the Equal Protection Clause of the Fourteenth Amendment. Because the facts are known to the parties, they are not discussed except as necessary.

I

The parties stipulated for purposes of summary judgment that Coley was both “disabled” as defined by the ADA and otherwise qualified for his position. Therefore, we can assume that Coley established a prima facie case of disability discrimination, and the only question for us is whether the County terminated him because of his disability. Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir. 1996).

Under Texas Department of Community Affairs v. Burdine, 450 U.S. 248 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981), once Coley establishes a prima facie case of discrimination, the burden shifts to the…