Weeks
Weeks v. Union Pacific Railroad
Opinion
Lead Opinion
Ishii, J.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This is an employment discrimination case brought by Plaintiff Trevor Weeks (“Weeks”) against his current employer, Defendant Union Pacific Railroad (“Union Pacific”). Weeks alleges causes of action for disability discrimination under 42 U.S.C. § 12112 (the Americans with Disabilities Act) (“ADA”) and state law for disability discrimination under Government' Code § 12940 (the California Fair Employment and Housing Act) (“FEHA”), retaliation for taking medical leave under Government Code § 12945.2 (the California Family Rights Act (“CFRA”)), and retaliation under 'California Labor Code § 923. Union Pacific now moves for summary judgment' on all claims alleged against it. For the reasons that follow, the motion will be granted in part and denied in part.
SUMMARY JUDGMENT FRAMEWORK
Summary judgment is proper when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56; Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598 , 26 L.Ed.2d 142 (1970); Fortyune v. American Multi-Cinema, Inc., 364 F.3d 1075, 1080 (9th…