Donnellan

Donnellan v. GNLV Corp.

Good Law
141 F. App'x 542
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 03-17145California569 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs Kevin P. Donnellan and Anne Marie Donnellan 1 appeal the district court’s grant of summary judgment for defendant GNLV Corporation (“GNLV”). Donnellan brought an action under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 (a), alleging GNLV rejected Donnellan’s employment application because of his disability. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The parties are familiar with the facts and we do not recount them here except as necessary for our disposition. We assume for purposes of our disposition that Donnellan established a prima facie claim of disparate treatment under the ADA. 2 See Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 271 (9th Cir.1996). GNLV proffered three legitimate, non-discriminatory reasons for rejecting Donnellan’s application: (1) Donnellan’s application exhibited inadequate job stability because he had been unemployed for the three years preceding his application; (2) Donnellan received a “2” rating for both appearance and presentation; and (3) his application reflected a lack of computer skills. See Raytheon Co. v. Hernandez, 540 U.S. 44, 50 , 124 S.Ct. 513 , 157 L.Ed.2d 357 (2003);…

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