Barrett

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROBIN F. BARRETT, Case No. 19-cv-06377-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT'S

MOTION FOR SUMMARY

UNION PACIFIC RAILROAD, JUDGMENT

Defendant. Re: Dkt. No.

For the reasons discussed at the hearing as well as in this ruling, Union Pacific’s motion for summary judgment is denied as to Barrett’s disability discrimination and failure to accommodate claims but granted as to her claim for punitive damages. With respect to the disability discrimination and failure to accommodate claims, the question of whether Barrett is a “qualified person” under the ADA will hinge on whether tasks that require lifting more than ten pounds are “essential functions” of her job as a gang bus driver. Dark v. Curry County, 451 F.3d 1078, 1087 (9th Cir. 2006); Bates v. United Parcel Service, Inc., 511 F.3d 974, 990–93 (9th Cir. 2007). Although it’s a close question, that issue must be decided by a jury. The testimony given by Barrett and Becker describing the relative infrequency of those tasks and the relative ease with which a gang could…