Adler

Adler v. Communication Workers, Local 7803

Good Law
144 F. App'x 592
United States Court of Appeals for the Ninth CircuitJuly 20, 2005No. 04-35127California572 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff/appellant Merle Adler worked for defendant/appellee U.S. West (now “Qwest”) for approximately thirteen years as a warehouse supply attendant. In 2000, Qwest terminated Adler for cause. Adler sued his union and Qwest in a diversity action under Washington state law, alleging, inter alia, that they failed reasonably to accommodate his disability (epilepsy). Adler now challenges the district court’s grant of summary judgment in favor of Qwest. Since the parties are familiar with the facts, we will not recount them here.

We affirm the district court’s grant of summary judgment because Adler failed to establish three of the four prima facie elements of his failure to accommodate claim. To establish a prima facie case of failure reasonably to accommodate a disability under Washington state law, a plaintiff must show that:

Hill v. BCTI Income Fund I, 144 Wash.2d 172 , 23 P.3d 440, 452-53 (2001) (citations omitted). First, Adler failed to show that his disability substantially limited his ability to perform his job. Although repeated *594 ly asked during his deposition, Adler could not name one job function that his epilepsy or medication substantially impacted.…

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