Scanlon
Scanlon v. Boeing Co.
Opinion
Lead Opinion
MEMORANDUM **
Sonya Ann Scanlon appeals from an order granting summary judgment in favor of The Boeing Company in an action arising from Scanlon’s termination as an employee of Boeing in September 1999. Scanlon’s complaint alleged that Boeing laid her off because of unlawful disability discrimination and in retaliation for her complaints in 1996 that Boeing was requiring her to work during unpaid lunch breaks.
*860 I.
To defeat summary judgment on a discrimination claim under the Americans with Disabilities Act (“ADA”), 1 a plaintiff must present sufficient evidence from which the trier of fact could rationally conclude: (1) that she was a disabled person within the meaning of the ADA; (2) that she was qualified with or without reasonable accommodation to perform the essential functions of the job; and (3) that the defendant terminated her because of her disability. See Broussard v. Univ. of Cal., at Berkeley, 192 F.3d 1252, 1255 (9th Cir.1999). There is no dispute that Scanlon was disabled at the time of her layoff or that she was terminated because of her disability. The sole dispute in Scanlon’s discrimination claim concerns whether Scanlon could perform the essential…