Daft

MEMORANDUM ***

I. BACKGROUND

Greg Daft (“Daft”) appeals the district court’s order granting summary judgment in favor of defendant Sierra Pacific Power Company (“Sierra”) on Daft’s claim against Sierra for discrimination in violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12112 . Daft argues on appeal that summary judgment was improper because genuine issues of material fact exist as to (1) whether Daft is disabled under the ADA; and (2) whether Sierra terminated Daft for being an alcoholic under the pretext of misconduct.

As a condition of continued employment, Daft had agreed to follow Sierra’s drug and alcohol policy and violated it when he failed an alcohol test during working-hours. Sierra properly terminated Daft for his misconduct, which falls outside the scope of the ADA’s protection. No genuine issue of material fact exists as to the basis for Daft’s termination and, therefore, summary judgment was proper. Because Sierra properly terminated Daft for misconduct, we need not determine whether he was disabled under the ADA.

II. FACTS

Daft had been employed by Sierra and was represented by the International Brotherhood of Electrical Workers, Local…