Pickens
Pickens v. Astrue
Opinion
Lead Opinion
MEMORANDUM ***
Sally Pickens appeals an order granting the Social Security Administration’s (SSA) motion for dismissal and summary judg *796 ment in her action for disability discrimination under the Rehabilitation Act, 29 U.S.C. § 701 , et seq. (RHA). We affirm.
I
The ADA (from which the RHA borrows substantive standards), Lopez v. Johnson, 333 F.3d 959, 961 (9th Cir.2003), prohibits employment discrimination against qualified individuals on the basis of disability; discrimination includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability ...” 42 U.S.C. § 12112 (b)(5)(A). When, as here, the discrimination claim is based on a failure to accommodate, the plaintiffs prima facie ease requires a showing that (1) she is disabled; (2) she is qualified; and (3) a reasonable accommodation is facially possible. See Buckingham v. United States, 998 F.2d 735, 739-40 (9th Cir.1993). While the parties make a number of arguments, this appeal turns on whether the SSA’s actions with respect to a liberal leave accommodation and working from home part-time were reasonable. We conclude that as to each, Pickens…