Brown

Brown v. Shinseki

Good Law
336 F. App'x 591
United States Court of Appeals for the Ninth CircuitJune 17, 2009No. 08-15405California368 words

Opinion

Lead Opinion

MEMORANDUM ***

Robert Brown appeals the district court’s summary judgment in favor of the Secretary of the Department of Veterans Affairs (“VA”). We affirm the district court.

The district court did not err in granting summary judgment on Brown’s discrimination claim. The Rehabilitation Act (“RA”) prohibits employment discrimination on the basis of disability. 29 U.S.C. § 791 et seq. To establish a prima facie case under the RA, a plaintiff must show: (1) that he has a disability, (2) is otherwise qualified for employment, and (3) suffered discrimination because of his disability. Walton v. U.S. Marshals Serv., 492 F.3d 998, 1005 (9th Cir.2007). "Where the employer provides a legitimate, non-discriminatory reason for its adverse decision, the plaintiff must then show that this “explanation for their discharge was a pretext for disability *592 discrimination.” Collings v. Longview Fibre Co., 63 F.3d 828, 833 (9th Cir.1995).

Brown’s discrimination claim fails because the VA has offered a wholly legitimate reason for Brown’s termination — he physically and verbally threatened his wife’s supervisor — and Brown has not introduced adequate evidence that this reason was…

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