Allen

Allen v. Pacific Bell

Good Law
348 F.3d 1113·14 Am. Disabilities Cas. (BNA) 1833·2003 Cal. Daily Op. Serv. 9730·2003 U.S. App. LEXIS 22960
United States Court of Appeals for the Ninth CircuitNovember 10, 2003Nos. 02-55721, 02-56375, 02-56531California979 words

Opinion

Lead Opinion

Clarence Allen appeals the district court’s order granting summary judgment on his claims that Pacific Bell discriminated against him under federal and state disability law. Allen v. Pacific Bell, 212 F.Supp.2d 1180 (2002). We affirm the district court’s ruling for the following reasons only.

For Allen to establish a prima facie case under the Americans with Disabilities Act (“ADA”) that Pacific Bell failed to accommodate his disability, he must first demonstrate that: (1) he is disabled within the meaning of the ADA; (2) he is a qualified individual able to perform the essential functions of the job with reasonable accommodation; and (3) he suffered an adverse employment action because of his disability. Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir.1999).

Allen claims that the only accommodation that he needed in order to return to his Services Technician position was a special assignment to tasks that did not require climbing poles and ladders. Pacific Bell contends that even if it had complied with Allen’s requested accommoda *1115 tion, he would not have been qualified to perform the essential tasks of a Services Technician. In May-June 2000, Pacific Bell…

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