Brown

Brown v. Verizon Directories Sales Corp.

Good Law
151 F. App'x 527
United States Court of Appeals for the Ninth CircuitOctober 5, 2005No. 04-35345; D.C. No. CV-02-00507-MWMCalifornia524 words

Opinion

Lead Opinion

MEMORANDUM *

Mitchell Brown appeals the district court’s grant of summary judgment in favor of Verizon on his claims for employment discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and its Oregon counterpart, Or.Rev. Stat. § 659A.112. We affirm. Because the parties are familiar with the facts, we do not recite them in detail.

The district court correctly concluded that Brown’s depression did not qualify as a disability under the ADA because Brown failed to demonstrate that his impairment was “long-term.” 1 See Sanders v. Arneson Products, Inc., 91 F.3d 1351, 1354 (9th Cir.1997). To prove he is disabled under the ADA, Brown must establish that his episodes of depression have been caused by or are related to a long-term underlying condition. Id. Brown has presented no evidence to connect the depression he experienced in November 2002 and early 2003 to the depression he experienced during his employment with Verizon in late 2001. The record suggests that a breakup with a girlfriend contributed to Brown’s depression while he was employed at Verizon, and Brown’s medical reports state that he exacerbated his condition by excessively drinking…

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