Eshaya

MEMORANDUM **

Appellant Edward Eshaya, a flight test mechanic, alleged The Boeing Company discriminated against him on the basis of mental disability (claustrophobia); failed to engage in a good faith interactive process; failed to accommodate him; and failed to prevent discrimination in violation of the California Fair Employment and Housing Act (FEHA) (Calif. Govt.Code § 12940 et seq.) 1 Eshaya appeals the district court’s grant of summary judgment in favor of Boeing and denial of his motion for partial summary judgment on his claims for failure to engage in a good faith interactive process and failure to prevent discrimination. We affirm.

We review a grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We must determine, viewing the evidence in the light most favorable to Eshaya, whether any genuine issues of material fact exist and whether the district court correctly applied the relevant substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000). Because the parties are familiar with the facts, we recite them only as necessary to this decision.

In order to establish the prima facie elements of disability discrimination, a plaintiff…