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Act ("FEHA"), Cal. Gov. Code § 12940 et seq., and for age discrimination and retaliation
under FEHA. On December 5, 1995, the district court granted in part and denied in part
the County's motion for summary judgment. The court granted summary judgment on
McAlindin's disability claim, holding that he lacked a "disability" within the meaning of
the ADA. The court also dismissed McAlindin's state law claims for age and disability
discrimination, from which McAlindin does not appeal. The district court expressed
doubt that most of McAlindin's retaliation allegations could survive summary judgment.
Nonetheless, because McAlindin asked to amend his complaint to add new factual
allegations of retaliation regarding [**8] a recent suspension, the district court denied
summary judgment on the retaliation claim.
On September 12, 1997, the district court granted summary judgment on most of the
alleged instances of retaliation discussed in the 1995 order: (a) the denial of a transfer; (b)
the revocation of McAlindin's "right to return;" (c) the County's requirement that
McAlindin return to his former job; (d) the failure to provide necessary training; (e) the
written warning for sleeping; and (f) general harassment/failure to accommodate.
Regarding McAlindin's remaining retaliation allegations, however, the district court
denied summary judgment. The court found that there were factual disputes regarding a
suspension and some negative evaluations that McAlindin received. Although McAlindin
could have gone to trial on these issues, he chose to dismiss this part of his retaliation
claim. On September 29, 1997, the district court entered final judgment, permitting
McAlindin to appeal the grant of summary judgment on his disability and retaliation
claims. McAlindin timely appealed. At the time of oral argument, McAlindin remained
employed by the County in his same job. 197 STANDARD OF REVIEW
We review a [**9] grant of summary judgment de novo. See B...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08