Emmons

BACKGROUND

21 The Amended Complaint alleges as follows: Plaintiff was employed by defendant for 22 approximately 5 months, from approximately January 2016 – May 31, 2016, as a bus driver for high 23 school children. Dkt. No. 39 ⁋ 9 (SAC). The SAC alleges that shortly after being hired by defendant, 24 per the advice of her doctor, plaintiff requested being placed on modified work duty due to new 25 26

27 1 Plaintiff concedes the tenth cause of action should be dismissed and therefore the Court 1 medications she began taking. Dkt. No. 39 ⁋ 20. The paperwork plaintiff submitted to defendant 2 in support of her request for modified work duty disclosed plaintiff is transgender. Dkt. No. 39 at 3 ⁋ 21. Plaintiff alleges defendant told her she did not qualify for modified work duty because she 4 was not injured on the job. Dkt. No. 39 at ⁋ 22. Ms. Emmons was terminated on or about May 31, 5 2016. Id. at ⁋ 33. 6 With respect to the exhaustion of administrative remedies, the SAC alleges: 7 34. On August 24, 2016, Plaintiff initiated the exhaustion of administrative remedies process with the Department of Fair Employment and Housing (“DFEH”) and was 8 …