Reza

Reza v. International Game Technology

Good Law
351 F. App'x 188
United States Court of Appeals for the Ninth CircuitOctober 30, 2009No. 08-16616California428 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Marlen Reza appeals the district court’s order granting summary judgment in favor of Defendant International Game Technology (“IGT”), Reza’s former employer, on claims that she was terminated in violation of the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The FMLA did not require IGT to restore Reza to her lead position or to another position because she was unable to perform an essential function of her position. See 29 C.F.R. § 825.216 (c). Reza *190 could not speak, and there is no genuine dispute that speaking was an essential function of her position. Reza also has not demonstrated that IGT violated 29 C.F.R. § 825.220 (c) by using her FMLA-protected leave as a negative factor when it eliminated one of the lead positions. See Bachelder v. Am. W. Airlines, Inc., 259 F.3d 1112, 1125 (9th Cir.2001). Accordingly, the district court properly granted summary judgment on Reza’s FMLA claim.

The district court also properly granted summary judgment on the ADA claim. IGT sufficiently engaged in the ADA-mandated interactive process with Reza regarding…

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