Richeson

MEMORANDUM *

Plaintiff-Appellant Richeson brought a diversity action in federal district court under California’s Fair Employment and Housing Act (“FEHA”) claiming that his employer, FedEx, had discriminated against him by refusing to put him back into a courier position because of a back injury he suffered. FedEx moved for and was granted summary judgment by the district court, which concluded that although Richeson had made out a prima facie case for his discrimination claims, FedEx had offered a legitimate, nondiscriminatory reason for its employment decision. The district court also found that Richeson had failed to offer any evidence of pretext. We have jurisdiction of Riche-son’s appeal under 28 U.S.C. §§ 1382 and 1291. We affirm.

In order to prevail on a disability claim, a plaintiff must first make out a prima facie ease under FEHA, Cal. Gov’t Code § 12926(k)(l)(B), by showing that he is (1) a person with a disability or medical condition, (2) that the defendant made an adverse employment decision that was (3) *527 because of the plaintiffs disability or medical condition. Green v. State, 132 Cal.App.4th 97 , 33 Cal.Rptr.3d 254 , 262 (2005). Upon establishing a prima…