Kvilhaug
Kvilhaug v. Exxon Mobil Corp.
Opinion
Lead Opinion
MEMORANDUM ***
Ron Kvilhaug appeals the district court’s order granting summary judgment in favor of Exxon Mobil on his Montana Human Rights Act (“MHRA”) claim. The facts are known to the parties and will not be repeated herein except as necessary.
We review de novo the district court’s decision to grant summary judgment. See Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). In order to survive summary judgment on his “regarded as” disabled claim under the MHRA, the burden is on Kvilhaug to make out a prima facie case that his employer regarded him as “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” See 29 C.F.R. § 1630.2 (i)(3)(i); Butterfield v. Sidney Pub. Schs. & The Human Rights Comm’n of the State of Montana, 306 Mont. 179, 182-83 , 32 P.3d 1243 (2001).
Viewing the evidence in the fight most favorable to Kvilhaug, we must conclude he has failed to meet that burden here. Kvilhaug remains employed with Exxon since his removal from positions designated as safety-sensitive, see EEOC v. Exxon Corp., 124 F.Supp.2d 987, 1007…