Aurigue

MEMORANDUM **

Emy F. Aurigue appeals the summary judgment in favor of her employer, the United States Postal Service (“USPS”), on her claim of disability discrimination arising under the Vocational Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §§ 791 and 794. The district court found that Aurigue was not a qualified individual with a disability within the meaning of the Rehabilitation Act because she could not perform the essential functions of her position as an express mail clerk or the available temporary position as a distribution clerk and because she was not substantially limited in a major life activity and, therefore, was not disabled within the meaning of the Rehabilitation Act.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . Reviewing de novo, Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001) (en banc), we affirm.

The Rehabilitation Act requires that federal agencies, including the USPS, reasonably accommodate an employee’s disability. 29 U.S.C. § 794 ; McLean v. Runyon, 222 F.3d 1150, 1153 (9th Cir.2000). To establish a prima facie case of disability discrimination under the Rehabilitation Act, Aurigue must prove three…