Shea

MEMORANDUM **

Appellant Kevin Shea (“Shea”), a firefighter with the San Francisco Fire Department (“Department”), appeals the district court’s summary judgment in favor of the Department on his Americans with Disabilities Act (“ADA”) and California Fair Employment and Housing Act (“FEHA”) disability discrimination claims. We review de novo the grant of summary judgment, and we affirm in part, reverse in part, and remand.

I.

Shea alleged in his Equal Employment Opportunity Commission (“EEOC”) and California Department of Fair Employment and Housing (“DFEH”) charges that Chief Gamble discriminated against him on the basis of his disability in early May 1998. This claim is time-barred under both the ADA and FEHA because Shea did not file either an administrative charge with the EEOC within 300 days of this allegedly unlawful conduct or a complaint with the DFEH within a year of this conduct. See 42 U.S.C. §§ 12117 (a), 2000e-5(e)(l) (stating that under the ADA, an aggrieved party must file a complaint within either 180 or 300 days after an *742 alleged unlawful employment practice has occurred); Cal. Gov’t Code § 12960 (stating that under the FEHA, a complainant must file an…