Ehlis

MEMORANDUM **

James Ehlis appeals the district court’s grant of summary judgment in favor of Albertson’s, Inc. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

The district court properly granted summary judgment on Ehlis’s state law discrimination claims. See Wash. Rev. Code § 49.60.180 (2)-(3) (2000). Under Washington law, “the duty to reasonably accommodate an employee’s handicap does not arise until the employee makes the employer aware of the disability.” Snyder v. Medical Serv. Corp. of Eastern Washington, 145 Wash.2d 233 , 35 P.3d 1158 , 1161-62 (2001) (en banc) (citing Pulcino v. Fed. Express Corp., 141 Wash.2d 629 , 9 P.3d 787 (2000)).

Given the undisputed facts of this case, the district court correctly concluded that Albertson’s did not receive the requisite disability notice. Ehlis claims he was acting under the influence of Benadryl during the time period at issue, but concedes that he did not inform his employer of that fact until a week later. Thus, it is undisputed that Albertson’s had no actual notice of the alleged disability.

Ehlis’s claim that his employer had constructive notice…