Peru

MEMORANDUM **

Albert Peru sued his former employer, Mobil Corporation, for disability discrimination under California’s Fair Employment and Housing Act (“FEHA”) after Mobil terminated Peru. The district court granted summary judgment in favor of Mobil on the ground that no genuine issue of material fact existed as to Mobil’s reasonable accommodation of Peru’s disability. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

The district court assumed for purposes of summary judgment that Peru suffered a disability within the meaning of FEHA. We proceed on the same assumption.

Peru’s medical condition prevented him from holding his regular position as a vacuum truck driver. The essential functions of Peru’s truck driving position included frequent standing and bending, as well as lifting, transporting, and connecting hoses weighing up to fifty pounds and occasional work with hoses weighing up to seventy-five pounds. According to his own physician’s reports, Peru’s back condition rendered him unable to perform these functions. Mobil “[was] not required to create a new position to accommodate [Peru], or to reallocate ‘essential functions.’ ” Gomez v. Am. Bldg.…