Rund

Rund v. Charter Communications, Inc.

Good Law
319 F. App'x 465
United States Court of Appeals for the Ninth CircuitNovember 13, 2008No. 07-15595California1,133 words

Opinion

Lead Opinion

*467 MEMORANDUM *

Eric Rund appeals the grant of summary judgment to his former employer, Charter Communications, Inc. (“Charter”), on his claim of employment discrimination under Cal. Gov.Code §§ 12940(a), 12926(k)(4) (2008), and his claim of failure to engage in the interactive process under Cal. Gov.Code § 12940(n) (2008). The district court granted Charter’s motion for summary judgment on both claims. 1 We affirm.

With regard to Rund’s first claim, in which he asserts that he was terminated based on his disability or perceived disability, we assume without deciding that Rund has established a prima facie case of discrimination. Cf Faust v. California Portland Cement Co., 150 Cal.App.4th 864, 886 , 58 Cal.Rptr.3d 729 (Cal.Ct.App.2007). After a prima facie showing of discrimination, the burden shifts to the employer to provide a legitimate explanation for the challenged employment decision. Frank v. County of L.A., 149 Cal.App.4th 805, 823 , 57 Cal.Rptr.3d 430 (Cal.Ct.App.2007). Here, Charter explained that Rund was terminated because there were no reasonable accommodations Charter could provide that would have allowed Rund to fulfill the essential functions of his job. As…

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