United States Ninth Circuit

In an action alleging that defendant discriminated against plaintiff because of a disabling work-related injury and failed to accommodate that disability, and then laid him off to retaliate against him for seeking accommodation, summary judgment for defendant is affirmed in part where plaintiff failed to demonstrate either that he applied to be rehired or that it would have been futile to do so. However, the order is reversed in part where plaintiffs' California Department of Fair Employment and Housing (DFEH) charge was deemed filed with the EEOC pursuant to a "Worksharing Agreement" between the DFEH and the EEOC.

Appellate Information

• Decided 11/01/2010
• Published 11/01/2010

Judges

• Richard R. Clifton

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen Feliz Danz, Thomas M. McInerney