Benton
Benton v. Potter
Opinion
Lead Opinion
MEMORANDUM **
Alice Benton, acting pro se, appeals the district court’s summary judgment for the United States Postal Service in her action alleging discrimination on the basis of disability, race, gender and age. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s decision de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000), and we affirm.
*562 The undisputed evidence establishes that Benton suffers from paranoid delusional disorder. Benton was required to undergo a Fitness-for-Duty exam after her supervisor received reports that Benton had stated a desire to bring her gun to work to shoot one co-worker and wished that another co-worker would be infected with AIDS. Based on Benton’s Fitness-for-Duty exam, the Postal Service placed Benton on non-duty status and informed her that she should seek psychiatric treatment. Benton refused treatment and eventually retired.
It is undisputed that one of the central requirements of Benton’s position as a flat sorter is the ability to work with others. The evidence that Benton’s untreated condition led to outrageous behavior and prevented her from meeting this requirement went unrebutted.