Kich

MEMORANDUM *

The City of Reno employed Craig Kich as a heavy-equipment driver and terminated his employment once his commercial driver’s license was revoked a second time for driving under the influence of alcohol and due to Kich’s history of substantial discipline for violating work policies. He brought claims for relief under the Age Discrimination in Employment Act (“ADEA”) and the Americans with Disabilities Act (“ADA”), alleging that the City’s real reasons for termination were on account of him being over 40 years old and an alcoholic.

The district court granted summary judgment to the City on both of Kich’s employment-discrimination claims, and Kich now appeals. We review the district court’s grant of summary judgment de novo and may affirm on any basis presented in the record, construing the evidence in the light most favorable to the nonmoving party. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

Kich’s arguments are not persuasive because he has failed to present evidence that establishes all of the elements of a prima facie case for either age or disability discrimination. Specifically, Kich has not demonstrated that he was performing his job…