Knibbs

Knibbs v. G.E. Capital Modular Space & Tip

Good Law
114 F. App'x 311
United States Court of Appeals for the Ninth CircuitNovember 16, 2004No. 03-55341California399 words

Opinion

Lead Opinion

MEMORANDUM **

Roy Knibbs appeals the district court’s grant of summary judgment to Transport International Pool, Inc. (TIP) on Knibbs’ claims of discrimination. 1 We affirm.

In the face of TIP’s evidence of its nondiscriminatory reason for failing to promote him, 2 Knibbs did not submit evidence that would permit a reasonable jury to find in his favor 3 on his race and disability discrimination claims based on the failure to promote. Thus, the district court did not err when it granted summary judgment against him on those claims.

For similar reasons, the district court did not err when it granted summary judgment against Knibbs on his race and disability discrimination claims arising out of his termination.

Moreover, because TIP did accommodate Knibbs’ known disability (his lifting restriction), the district court properly granted summary judgment on his claim for failure to accommodate. See Jensen v. Wells Fargo Bank, 85 Cal.App.4th 245, 256 , 102 Cal.Rptr.2d 55, 62-63 (2000); Hanson v. Lucky Stores Inc., 74 Cal.App.4th 215, 229 , 87 Cal.Rptr.2d 487, 496 (1999).

Finally, because no violations of the prohibitions against race and disability discrimination were shown, the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.