Atwood

MEMORANDUM ***

Atwood argues that the district court erred by entering summary judgment with respect to his claims arising under the Americans With Disabilities Act (“ADA”) 42 U.S.C. § 12101 et seq., the Age Discrimination Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and with respect to his claim of constructive discharge. We review de novo the district court’s summary judgment. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000).

To defeat summary judgment on a discrimination claim under the ADA, a plaintiff must present sufficient evidence from which the trier of fact could rationally conclude: (1) that he was a disabled person within the meaning of the ADA; (2) that he was qualified with or without reasonable accommodation to perform the essential functions of the job; and (3) that the defendant terminated him because of his disability. See Broussard v. Univ. of Cal., at Berkeley, 192 F.3d 1252, 1255 (9th Cir.1999) (emphasis added); Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir.1996).

Here, assuming arguendo that Atwood establishes a prima facie case of disability discrimination, Consolidated is nevertheless entitled to summary judgment because it…