Van Pool v. City of San Francisco

MEMORANDUM ***

Plaintiff-Appellant Ronald Van Pool (“Van Pool”) appeals the district court’s grant of summary judgment in favor of *520 Defendants City and County of San Francisco et al. (collectively “SFFD”) on his claims for disability discrimination in violation of 42 U.S.C. § 12112 and Cal. Gov. Code § 12940 (a). Van Pool challenges the district court’s finding that the evidence presented was insufficient to create a genuine issue of material fact regarding whether the SFFD’s nondiscriminatory reasons for failing to promote him were pretextual. We review the district court’s grant of summary judgment de novo. Covey v. Hollydale Mobilehome Estates, 116 F.3d 830, 834 (9th Cir.1997).

Van Pool’s claims are subject to the burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). As the district court correctly found, Van Pool presented sufficient evidence to survive a motion for summary judgment on his prima facie discrimination case based on the SFFD’s failure to promote him to the H-28 training division position and the H-30 captain position in the Investigative Services Bureau. See Chuang v. Univ. of. Cal.…