FILED
NOT FOR PUBLICATION FEB 06 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JO ANN FAY, No. 12-55478
Plaintiff - Appellant, D.C. No. 5:10-cv-00834-DDP-
DTB
v.
COSTCO WHOLESALE MEMORANDUM*
CORPORATION, a Washington
corporation; PATRICIA HANSEN,
“Tish”, an individual,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted February 4, 2014**
Pasadena, California
Before: SILVERMAN and HURWITZ, Circuit Judges, and VINSON, Senior District
Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable C. Roger Vinson, Senior District Judge for the U.S.
District Court for the Northern District of Florida, sitting by designation.
Jo Ann Fay appeals the district court’s grant of summary judgment to Costco
Wholesale Corporation on her California Fair Employment and Housing Act (FEHA)
and California Labor Code retaliation and discrimination claims. We have jurisdiction
under 28 U.S.C. § 1291 and affirm.
1. The district court did not err in finding no triable issues of fact on Fay’s
retaliation and discrimination claims. None of the episodes identified by Fay
established retaliation or discrimination under California law.
2. Nor did the district court err in finding no triable issues of fact regarding
Fay’s claim that Costco violated the FEHA by failing to accommodate her disabilities.
The evidence is undisputed that Costco repeatedly engaged in California’s legally
mandated interactive process and reasonably accommodated Fay’s restrictions.
3. The district court also correctly concluded that there was no genuine issue
of material fact whether Fay’s termination was an act of illegal retaliation or disability
discrimination. Fay was terminated for grabbing a customer and then lying about the
incident during Costco’s subsequent investigation.
AFFIRMED.
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