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Fewer v. Copper & Brass Sales, Inc.

Citation: 183 F. App'x 696Docket: No. 04-56737

Court: Court of Appeals for the Ninth Circuit; June 9, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant challenged a summary judgment from the district court, which favored Copper Brass Sales and Thyssen, Inc., concerning allegations of failure to accommodate, disability and age discrimination under the California Fair Employment and Housing Act (FEHA), and wrongful termination. The appellant contended he could return to work without accommodation following a back injury leave; however, multiple 'Return to Work' notices indicated he was 'totally incapacitated.' The district court invoked judicial estoppel, noting the appellant's inconsistency in claiming disability benefits while asserting the ability to work. The court concluded that the employer's provision of a leave of absence was a reasonable accommodation and that the employer engaged adequately in the interactive process required under FEHA. The appellant failed to establish a prima facie case of discrimination, as he could not show he could perform essential job functions. Consequently, his claims of wrongful termination were deemed without merit. The judgment was affirmed, and the decision is not to be published or cited in this circuit except as allowed by specific rules.

Legal Issues Addressed

Interactive Process Requirement under FEHA

Application: The employer was found to have fulfilled its obligation to engage in a good faith interactive process, as there was no evidence the leave of absence provided was ineffective.

Reasoning: Fewer also failed to show that C. B. did not engage in a good faith interactive process to find alternative accommodations, as there was no evidence that the leave of absence was ineffective.

Judicial Estoppel in Employment Discrimination Cases

Application: The court applied judicial estoppel to dismiss conflicting claims by the plaintiff regarding his ability to work during his leave of absence.

Reasoning: The district court applied judicial estoppel, finding Fewer did not provide a sufficient explanation for these conflicting statements.

Prima Facie Case for Disability and Age Discrimination under FEHA

Application: The plaintiff failed to establish a prima facie case for discrimination as he could not demonstrate the ability to perform essential job functions.

Reasoning: Regarding his claims of unlawful termination based on disability and age discrimination, Fewer could not demonstrate the ability to perform essential job functions, thereby failing to establish a prima facie case under FEHA.

Reasonableness of Accommodation under FEHA

Application: The court determined that providing a leave of absence was a reasonable accommodation for the plaintiff's temporary incapacitation.

Reasoning: His assertion that C. B.’s leave of absence was an unreasonable accommodation was rejected, as it was deemed reasonable given his temporary incapacitation.

Wrongful Termination Claims

Application: The wrongful termination claim was dismissed due to a lack of evidence supporting the claim.

Reasoning: His wrongful termination claim also lacked merit.