Nigro
Nigro v. Sears, Roebuck & Co.
Opinion
Lead Opinion
Gould, J.
ORDER
The opinion in the above-captioned matter filed on February 25, 2015, and published at 778 F.3d 1096 , is amended and replaced by the amended opinion filed concurrently with this order. With this amendment, no petitions for rehearing or requests for amendment will be accepted.
OPINION
Anthony Nigro appeals the district court’s entry of summary judgment in favor of his former employer Sears, Roebuck and Co. (“Sears”) in Nigro’s diversity action against Sears, alleging three disability discrimination claims'under the California Fair Employment and Housing Act (“FEHA”). We have jurisdiction under 28 U.S.C. § 1291 . We must decide whether there are any genuine issues of material fact on Nigro’s four discrimination claims. We conclude that the answer is yes, so we reverse and remand for further proceedings.
In May 2011, Nigro filed suit against Sears in California state court, claiming under FEHA (1) that Sears discriminated against him because of his disability, (2) that Sears declined to accommodate his disability, and (3) that Sears did not engage in an interactive process to determine possible accommodation for his disability. Nigro also alleged that Sears wrongfully…