Jose Felix v. Baxter Healthcare Corporation

Good Law
472 F. App'x 684
United States Court of Appeals for the Ninth CircuitApril 19, 201210-56287California306 words

Opinion

Opinion

MEMORANDUM

Jose Felix appeals the district court’s order granting summary judgment in favor of his employer, Baxter Healthcare Corporation. Felix sued Baxter for religious discrimination, failure to accommodate, and unlawful retaliation under the California Fair Employment and Housing Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Felix argues that Baxter failed to accommodate his religion by requiring him to work a Sunday shift, that the failure to accommodate was religious discrimination, and that Baxter retaliated against him after he filed complaints with the California Department of Fair Employment and Housing. We disagree.

It is undisputed that Baxter offered Felix a non-Sunday position in a different group that was equal in pay and title. As a matter of law, the offer to transfer was a reasonable accommodation. See Cook v. Lindsay Olive Growers, 911 F.2d 238, 241 (9th Cir.1990). The allegation that Baxter failed to engage in the interactive process is not supported by the facts. The district court correctly granted summary judgment on Felix’s failure to accommodate and religious discrimination claims.

Felix also failed to provide substantial…

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