Schumacher
Schumacher v. General Security Services Corp.
Opinion
Lead Opinion
MEMORANDUM **
Douglas Schumacher appeals the district court’s decision granting summary judgment to General Security Services Corporation (“GSSC”) on Schumacher’s disability discrimination claim under the Washington Law Against Discrimination (“WLAD”), Wash. Rev.Code § 49.60.010 et seq. Schumacher alleges that he was unlawfully dismissed from his job as a Court Security Officer (“CSO”) due to his organic heart disease. However, under the contract between GSSC and the United States Marshals Service (“USMS”), GSSC was not permitted to employ a CSO with organic heart disease.
This case was previously before us. In a prior appeal, we held that Schumacher is disabled under the WLAD and that GSSC could rely on the contractual provision as a defense to Schumacher’s WLAD claim *51 only if the contractual provision was mandated by law or regulation. Schumacher v. Gen. Sec. Serv. Corp., No. 98-36128, 2000 U.S.App. LEXIS 22395, *7-8 (9th Cir. Aug.28, 2000). On remand, the district court granted summary judgment based on its view that, under a new Washington Supreme Court case interpreting the WLAD, which we discuss below, Schumacher is not disabled. Schumacher appeals.