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Kersey v. Costco Wholesale Corp.
Citation: 32 F. App'x 351Docket: No. 00-16526; D.C. No. CV-98-00705-ECR (PHA)
Court: Court of Appeals for the Ninth Circuit; March 17, 2002; Federal Appellate Court
Judy Kersey's appeal against the summary judgment favoring Costco Wholesale Corporation is affirmed. The court determined that Kersey's lifting restriction, whether 10 or 25 pounds, does not substantially limit any major life activity under the Americans with Disabilities Act (ADA). The 10-pound restriction pertains to her back injury and does not relate to her fibromyalgia, which she claims as a disability. Kersey's other physical limitations, including those affecting prolonged sitting, standing, walking, and repetitive movements, also do not meet the criteria for substantial limitation of major life activities. Additionally, Kersey failed to establish that her fibromyalgia condition is permanent or long-term, as required by precedent. Kersey did not exhaust her ADA retaliation claims through the appropriate administrative processes, thereby barring her from pursuing them. Furthermore, she did not provide sufficient evidence to challenge Costco's legitimate reasons for its actions. The decision is not intended for publication and is restricted from citation in future cases within the circuit.