Thompson

MEMORANDUM ***

Appellant Donald Thompson (Thompson) challenges the district court’s entry of summary judgment in favor of the United States Postal Service (USPS) on his Rehabilitation Act and retaliation claims.

1. Thompson’s “regarded as” claim fails as a matter of law, because he did not demonstrate that his “employer regards [him] as substantially limited in a major life activity and not just unable to meet a particular job performance standard.” Walton v. U.S. Marshals Serv., 492 F.3d 998, 1006 (9th Cir.2007), as amended (citation omitted).

2. Thompson failed to raise an issue of material fact that his allergic reaction to wax fumes constitutes a qualified disability, as he “present[ed] no evidence or legal authority to show that his impairments substantially limit any major life activities ...” Coons v. Sec’y of the U.S. Dept. of the Treasury, 383 F.3d 879, 885 (9th Cir.2004).

3. Thompson failed to raise a material issue of fact regarding his ability to perform his essential job functions, or regarding the availability of a reasonable accommodation. See Dark v. Curry Co., 451 F.3d 1078, 1089 (9th Cir.2006) (“The ADA does not require an employer to exempt an employee from…