Timmons

MEMORANDUM *

Plaintiff-Appellant Charles Timmons appeals the district court’s grant of summary judgment in favor of Defendant-Ap-pellee United Parcel Service, Inc. (“UPS”). Timmons brought suit under both the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq.

1. The district court erred in granting summary judgment to UPS on Timmons’ claim of disability discrimination because there is a genuine issue of material fact as to whether UPS engaged in a good-faith interactive process, as is required under both the ADA and the FEHA. In Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1116 (9th Cir.2000) (en banc), vacated on other grounds, 535 U.S. 391 , 122 S.Ct. 1516 , 152 L.Ed.2d 589 (2002), we held that “employers, who fail to engage in the interactive process in good faith, face liability for the remedies imposed by the statute if a reasonable accommodation would have been possible.” Where there is a genuine dispute of material fact as to whether the employer properly engaged in the interactive process, summary judgment will seldom be appropriate because it is extremely difficult…